District Court of Appeal of Florida, First District.
PER CURIAM.
This case is one of many reaching us in the wake of State v. Montgomery,39 So.3d 252 (Fla.2010). Mr. Noack argues that his convictions for second-degree murder and attempted second-degree murder should be overturned because the trial court gave an instruction on manslaughter by act similar to the instruction that the supreme court found to be fundamentally erroneous in Montgomery. The state properly concedes...
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