Moninger v. State

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DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FOURTH DISTRICT July Term 2010 CHARLES MONINGER, Appellant, v. STATE OF FLORIDA, Appellee. No. 4D08-1429 [August 11, 2010] PER CURIAM. Based on the authority of State v. Montgomery, --- So.3d ---, 35 Fla. L. Weekly S204, 2010 WL 1372701 (Fla. Apr. 8, 2010), and this Court s recent opinion in Singh v. State, --- So.3d ---, 2010 WL 2178732 (Fla. 4th DCA June 2, 2010), we affirm the trial court s decision as it relates to the manner in which it instructed the jury without further discussion. Affirmed. FARMER, HAZOURI and DAMOORGIAN, JJ., concur. * * * Appeal from the Circuit Court for the Seventeenth Judicial Circuit, Broward County; Alfred J. Horowitz, Judge; L.T. Case No. 04-2118 CF10A. Carey Haughwout, Public Defender, and Anthony Calvello, Assistant Attorney General, West Palm Beach, for appellant. Bill McCollum, Attorney General, Tallahassee, a n d Melanie Dale Surber, Assistant Attorney General, West Palm Beach, for appellee. Not final until disposition of timely filed motion for rehearing.

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