Davis v. State (61 So. 3d 1228, 2011)

PER CURIAM.

Stevenland Davis appeals his conviction and sentence for two counts of second-degree murder. We reverse and remand for a’ new trial because the trial court fundamentally erred in instructing the jury that intent to kill was an element of manslaughter by act, a lesser-included offense of second-degree murder. See State v. Montgomery, 39 So.3d 252 (Fla.2010).

Reversed and remanded for a new trial.