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Gough v. State

135 So. 3d 1172, 2014 WL 1646932, 2014 Fla. App. LEXIS 6052
CourtDistrict Court of Appeal of Florida
DecidedApril 24, 2014
DocketNo. 1D08-3157
StatusPublished

This text of 135 So. 3d 1172 (Gough 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
Gough v. State, 135 So. 3d 1172, 2014 WL 1646932, 2014 Fla. App. LEXIS 6052 (Fla. Ct. App. 2014).

Opinion

PER CURIAM.

Kareem X. Gough seeks review of his judgment and sentence for second degree murder, asserting that the trial court committed fundamental error by giving the standard jury instruction on the lesser included offense of manslaughter. Because the record reflects that intent was a disputed issue in this case, we reverse and remand for new trial. Montgomery v. State, 70 So.3d 603 (Fla. 1st DCA 2009), approved, State v. Montgomery, 39 So.3d 252 (Fla.2010).

REVERSED and REMANDED for further proceedings consistent with this opinion.

VAN NORTWICK, MARSTILLER and RAY, JJ., concur.

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Related

Montgomery v. State
70 So. 3d 603 (District Court of Appeal of Florida, 2009)
State v. Montgomery
39 So. 3d 252 (Supreme Court of Florida, 2010)

Cite This Page — Counsel Stack

Bluebook (online)
135 So. 3d 1172, 2014 WL 1646932, 2014 Fla. App. LEXIS 6052, Counsel Stack Legal Research, https://law.counselstack.com/opinion/gough-v-state-fladistctapp-2014.