Munoz v. State

District Court of Appeal of Florida

Munoz v. State

61 So. 3d 1152, 2011 Fla. App. LEXIS 4796, 2011 WL 1262155

District Court of Appeal of Florida·Decided April 6, 2011·No. No. 3D11-452·Published

Opinion

PER CURIAM.

Leonel Munoz seeks habeas corpus relief based on appellate counsel’s ineffective assistance in failing to raise a fundamental error claim, pursuant to State v. Montgomery, 39 So.3d 252 (Fla.2010). Based on our prior decisions in Cubelo v. State, 41 So.3d 263 (Fla. 3d DCA 2010), Daniels v. State, 46 So.3d 630 (Fla. 3d DCA 2010), and Guerra v. State, 44 So.3d 226 (Fla. 3d DCA 2010), we deny the motion. Where the jury was instructed on both manslaughter by act and manslaughter by culpable negligence, there was no fundamental error requiring a reversal of the petitioner’s conviction. See Daniels, 46 So.3d at 630.

Habeas corpus denied.

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PER CURIAM.

Leonel Munoz seeks habeas corpus relief based on appellate counsel’s ineffective assistance in failing to raise a fundamental error claim, pursuant to State v. Montgomery, 39 So.3d 252 (Fla.2010). Based on our prior decisions in Cubelo v. State, 41 So.3d 263 (Fla. 3d DCA 2010), Daniels v. State, 46 So.3d 630 (Fla. 3d DCA 2010), and Guerra v. State, 44 So.3d 226 (Fla. 3d DCA 2010), we deny the motion. Where the jury was instructed on both manslaughter by act and manslaughter by culpable negligence, there was no fundamental error requiring a reversal of the petitioner’s conviction. See Daniels, 46 So.3d at 630.

Habeas corpus denied.

Munoz v. State, 61 So. 3d 1152, 2011 Fla. App. LEXIS 4796, 2011 WL 1262155 (Fla. Ct. App. 2011).

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Opinion

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