GARRIDO V. STATE

Annotate this Case

Download PDF

Third District Court of Appeal State of Florida, July Term, A.D. 2011 Opinion filed December 28, 2011. Not final until disposition of timely filed motion for rehearing. ________________ No. 3D10-722 Lower Tribunal No. 08-24373 ________________ William Garrido, Appellant, vs. State of Florida, Appellee. An Appeal from the Circuit Court for Miami-Dade County, David C. Miller, Judge. Carlos J. Martinez, Public Defender, and Joanna G. Ingalls and Thomas Regnier, Assistant Public Defenders, for appellant. Pamela Jo Bondi, Attorney General, Forrest L. Andrews, Jr., Assistant Attorney General, and Douglas Glaid, Senior Assistant Attorney General, for appellee. Before RAMIREZ, SHEPHERD and SUAREZ, JJ. PER CURIAM. William Garrido appeals his conviction and sentence for second degree murder, alleging the trial court erred in the manslaughter instruction given to the jury. We affirm based on Figueroa v. State, Case No. 3D10-27 (Fla. 3d DCA Nov. 16, 2011). As we did in Figueroa, we certify conflict with the First District s opinions in Noack v. State, 61 So. 3d 1208 (Fla. 1st DCA 2011), Pryor v. State, 48 So. 3d 159 (Fla. 1st DCA 2010), and Riesel v. State, 48 So. 3d 885 (Fla. 1st DCA 2010). Additionally, we certify the following question to the Florida Supreme Court as one of great public importance: IF A JURY RETURNS A VERDICT FINDING A DEFENDANT GUILTY OF SECOND DEGREE MURDER IN A CASE WHERE THE EVIDENCE DOES NOT SUPPORT A THEORY OF CULPABLE NEGLIGENCE, DOES A TRIAL COURT COMMIT FUNDAMENTAL ERROR BY GIVING A FLAWED MANSLAUGHTER BY ACT INSTRUCTION WHEN IT ALSO GIVES AN INSTRUCTION ON MANSLAUGHTER BY CULPABLE NEGLIGENCE? Affirmed. 2

Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.