Nieves v. State

184 So. 3d 1148, 2015 Fla. App. LEXIS 16132, 2015 WL 6613337

Opinion

ON REMAND FROM THE SUPREME COURT OF FLORIDA

PER CURIAM.

Upon remand from the Florida Supreme Court, we reconsider Angel Manuel Nieves’ conviction for second-degree murder in light of the subsequent decision in Griffin v. State, 160 So.3d 63 (Fla.2015). In Griffin, the Florida Supreme Court clarified that “a sole defense of misidentifi-cation does not concede or fail to place in dispute intent or any other element of the crime charged except identity when the offense charged is an unlawful homicide.” Id. at 67. Accordingly, the jury instruction for manslaughter by act given in this case did indeed constitute fundamental error, and we must reverse and remand for a new trial.

Reversed and remanded for new trial.

WALLACE, KHOUZAM, and MORRIS, JJ., Concur.