Daniels v. State
Annotate this CaseAfter a jury trial in 2009, Defendant was convicted of second-degree murder and sentenced to life in prison. Defendant appealed, arguing that the trial court erred by instructing the jury on manslaughter by act and that the error was fundamental. The Second District Court of Appeal affirmed Defendant's conviction and sentence, concluding that the 2008 manslaughter by act instruction did not include an intent-to-kill element, which the Supreme Court found fundamentally erroneous in State v. Montgomery. However, the Second District certified that its decision conflicted with the with the decision of the First District in Riesel v. State. The Supreme Court quashed the decision of the Second District and approved the decision of the First District in Riesel, holding (1) the 2008 standard instruction for manslaughter by act erroneously required the jury to find Defendant intended to cause the death of the victim; and (2) the trial court fundamentally erred in giving the 2008 standard jury instruction in this case. Remanded for a new trial.
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