Valdes-Pino v. State

District Court of Appeal of Florida

Valdes-Pino v. State

23 So. 3d 871, 2009 Fla. App. LEXIS 20051, 2009 WL 4928030

CourtDistrict Court of Appeal of Florida

DecidedDecember 23, 2009

Docket3D08-1417

StatusPublished

Cited by12 cases

This text of 23 So. 3d 871 (Valdes-Pino 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.

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Valdes-Pino v. State, 23 So. 3d 871, 2009 Fla. App. LEXIS 20051, 2009 WL 4928030 (Fla. Ct. App. 2009).

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Opinion

PER CURIAM.

John Valdes-Pino appeals his conviction for second-degree murder asserting fundamental error in the manslaughter instruction given to the jury. 1 We affirm the conviction.

On the record presented, we find that the then-standard instructions given by the trial court (without objection) did not constitute fundamental error. Zeigler v. State, 18 So.3d 1289 (Fla. 2d DCA 2009). However, because the contrary analysis in Montgomery v. State, — So.3d-, 2009 WL 350624 (Fla. 1st DCA 2009), is currently pending review before the Florida Supreme Court, 2 we certify decisional conflict with that First District opinion.

Affirmed. Direct conflict certified.

1

. The defendant's remaining point lacks merit.

2

. State v. Montgomery, 11 So.3d 943 (Fla.2009); oral argument was heard October 7, 2009.

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