State v. Dominique
Annotate this CaseDefendant was convicted of second-degree murder. Defendant’s jury was instructed on the lesser included offense of manslaughter by act with the same instruction that the Supreme Court found to be fundamentally erroneous in State v. Montgomery. Defendant appealed, arguing that he was entitled to relief in light of Montgomery. The Fourth District Court of Appeal affirmed, thus rejecting the fundamental error claim based on the fact that the trial court also instructed the jury on the lesser included offense of manslaughter by culpable negligence. After the Supreme Court’s decision in Haygood v. State was issued, the Court granted Defendant’s petition for review, summarily quashed the decision of the Fourth District in Dominique I, and remanded for reconsideration in light of the Court’s decision in Haygood. The Fourth District reversed on remand, concluding that fundamental error occurred in the giving of the jury instruction for manslaughter by act, requiring a new trial. The Supreme Court quashed the decision of the Fourth District, holding (1) the evidence in this case reasonably supported the lesser included offense of manslaughter by culpable negligence; and (2) therefore, under Haygood, the giving of the manslaughter by culpable negligence instruction cured the fundamental error in the giving of the erroneous manslaughter by act instruction.
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