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BATES v. STATE

No. 2D10-904.

100 So.3d 69 (2011)

Torrence Antoine BATES, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Second District.

November 4, 2011.

Attorney(s) appearing for the Case

James Marion Moorman , Public Defender, and Joseph N. D'Achille Jr. , Special Assistant Public Defender, Bartow, for Appellant.

Pamela Jo Bondi , Attorney General, Tallahassee, and Sara Macks , Assistant Attorney General, Tampa, for Appellee.

CRENSHAW, Judge.

Torrence Bates appeals his conviction for second-degree murder and his sentence to forty years' prison, asserting that the jury instruction given for manslaughter by act resulted in fundamental error. We agree, and we reverse Bates' conviction and sentence and remand for a new trial. We find no merit to Bates' remaining issue on appeal.

Bates was charged with first-degree felony murder with home invasion...

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