Betts v. State

KHOUZAM, Judge.

Eugene Betts filed a petition pursuant to Florida Rule of Appellate Procedure 9.141(c),1 claiming that his counsel was ineffective for failing to argue that the then-standard jury instruction given on attempted voluntary manslaughter (also called manslaughter by act) was fundamentally erroneous because it indicated that a conviction for manslaughter required proof of an intent to kill. Because we agree with Betts’ argument as to two of his four convictions at issue, we grant his petition in part, deny it in part, and certify conflict with Williams v. State, 40 So.3d 72 (Fla.…