Leggett v. State

Defendant was charged with second-degree murder and was convicted as charged. The court of appeal affirmed. Defendant subsequently petitioned for writ of habeas corpus, arguing that his appellate counsel was ineffective for failing to raise a claim of fundamental error when the jury was instructed on manslaughter by intentional act as a lesser included offense. The third district court of appeal certified conflict with the decision of the first district court of appeal in Montgomery v. State. The Supreme Court stayed proceedings pending disposition of Montgomery. In Montgomery, the Court held that the use of the then-standard jury instruction on the lesser included offense of manslaughter by act constituted fundamental error in Montgomery's case because the instruction erroneously required the jury to find that the defendant intentionally caused the death of the victim. After the Court lifted the stay in the instant case, the Court quashed the decision under review and remanded the matter to the court of appeal for reconsideration upon application of its decision in Montgomery.