Burgos, Jr. v. StateAnnotate this Case
This case was before the Court for review of the decision of the Second District Court of Appeal in Burgos v. State. The district court certified that its decision was in direct conflict with the decision of the First District Court of Appeal in Montgomery v. State. The court held that the district court's reliance upon Zeigler v. State was inconsistent with the court's reasoning in Montgomery and the court's conclusion that the use of the erroneous manslaughter by act instruction constituted fundamental error that required reversal of Montgomery's conviction for second-degree murder. Accordingly, the court accepted jurisdiction and granted the petition for review.