WILLIE HARDEE, v. STATE OF FLORIDA

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IN THE DISTRICT COURT OF APPEAL FIRST DISTRICT, STATE OF FLORIDA WILLIE HARDEE, Appellant, v. NOT FINAL UNTIL TIME EXPIRES TO FILE MOTION FOR REHEARING AND DISPOSITION THEREOF IF FILED CASE NO. 1D08-2528 STATE OF FLORIDA, Appellee. _____________________________/ Opinion filed September 25, 2009. An appeal from the Circuit Court for Duval County. Linda F. McCallum, Judge. Rick Sichta and Frank J. Tassone of Tassone & Sichta, LLC, Jacksonville, for Appellant. Bill McCollum, Attorney General, and Anne C. Conley, Assistant Attorney General, Tallahassee, for Appellee. PER CURIAM. Appellant, Willie Hardee, challenges his conviction for second-degree murder with a weapon. Because the trial court gave the standard jury instruction for the lesser included offense of manslaughter by act, Appellant s conviction for second-degree murder is reversed and the case is remanded for a new trial. Montgomery v. State, 34 Fla. L. Weekly D360 (Fla. 1st DCA Feb. 12, 2009), review granted, State v. Montgomery, 11 So. 3d 943 (Fla. 2009). All other issues raised on appeal are affirmed without further discussion. REVERSED and REMANDED. BARFIELD, DAVIS, and ROBERTS, JJ., CONCUR. 2

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