Berube v. State

District Court of Appeal of Florida

Berube v. State

84 So. 3d 436, 2012 WL 1110153, 2012 Fla. App. LEXIS 5167

CourtDistrict Court of Appeal of Florida

DecidedApril 4, 2012

DocketNo. 2D09-4385

StatusPublished

Cited by2 cases

This text of 84 So. 3d 436 (Berube v. State) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Berube v. State, 84 So. 3d 436, 2012 WL 1110153, 2012 Fla. App. LEXIS 5167 (Fla. Ct. App. 2012).

Pincite

Opinion

ALTENBERND, Judge.

Leo Richard Berube appeals his judgment and life sentence for second-degree murder. This court reversed an earlier judgment and sentence and remanded the case for a new trial. See Berube v. State, 5 So.3d 734, 736 (Fla. 2d DCA 2009). We affirm the new judgment and sentence in all respects. We write only to certify that this decision conflicts with Riesel v. State, 48 So.3d 885 (Fla. 1st DCA 2010), concerning the jury instruction on the lesser included offense of manslaughter. For the reasons set forth in this court’s decision in Daniels v. State, 72 So.3d 227, 230 (Fla. 2d DCA 2011), this jury instruction did not constitute fundamental error.

Affirmed; conflict certified.

SILBERMAN, C.J., and WALLACE, J., Concur.

Free access — add to your briefcase to read the full text and ask questions with AI

ALTENBERND, Judge.

Leo Richard Berube appeals his judgment and life sentence for second-degree murder. This court reversed an earlier judgment and sentence and remanded the case for a new trial. See Berube v. State, 5 So.3d 734, 736 (Fla. 2d DCA 2009). We affirm the new judgment and sentence in all respects. We write only to certify that this decision conflicts with Riesel v. State, 48 So.3d 885 (Fla. 1st DCA 2010), concerning the jury instruction on the lesser included offense of manslaughter. For the reasons set forth in this court’s decision in Daniels v. State, 72 So.3d 227, 230 (Fla. 2d DCA 2011), this jury instruction did not constitute fundamental error.

Affirmed; conflict certified.

SILBERMAN, C.J., and WALLACE, J., Concur.

Cite This Page — Counsel Stack

Bluebook (online)

84 So. 3d 436, 2012 WL 1110153, 2012 Fla. App. LEXIS 5167, Counsel Stack Legal Research, https://law.counselstack.com/opinion/berube-v-state-fladistctapp-2012.

Opinion

Related

Cite This Page — Counsel Stack