Viera v. State
133 So. 3d 563, 2014 WL 539847, 2014 Fla. App. LEXIS 1822
Procedural entryThis page is a short order in Viera v. State. Read the opinion of the Court — 2015 Fla. App. LEXIS 5039 →
Opinion
In his petition filed pursuant to Florida Rule of Appellate Procedure 9.141(d), Carlos Viera contends that his appellate counsel was ineffective for failing to argue that the then-standard jury instruction for manslaughter by act as given to the jury in Viera’s trial for second-degree murder was fundamental error. Based on the facts of Viera’s case and for the reasons discussed in Horne v. State, 128 So.3d 953 (Fla. 2d DCA 2013), we are constrained to reverse Viera’s second-degree murder conviction and remand for a new trial.
Reversed and remanded.
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Viera v. State, 133 So. 3d 563, 2014 WL 539847, 2014 Fla. App. LEXIS 1822 (Fla. Ct. App. 2014).
133 So. 3d 563 (Viera v. State) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.
Related
Horne v. State
128 So. 3d 953 (District Court of Appeal of Florida, 2013)