Nicolas Dominique v. State of Florida

ON REMAND FROM THE SUPREME COURT OF FLORIDA

GERBER, J.

The defendant appeals from his second-degree murder conviction. He argues, on remand from the Supreme Court of Florida, that the trial court fundamentally erred by giving an erroneous manslaughter by act instruction where the instruction pertained to a disputed element of the offense (his state of mind) and the error was pertinent or material to what the jury had to consider to convict him. We agree with the defendant’s argument and reverse for a new trial.

At the trial, the state presented evidence that the defendant was outside of his…