Gough v. State

Full title: Kareem X. GOUGH, Appellant, v. STATE of Florida, Appellee.

Court: District Court of Appeal of Florida, First District.

Date published: Oct 5, 2009

147 So. 3d 1 (Fla. Dist. Ct. App. 2009)

Opinion

No. 1D08–3157.

10-05-2009

Kareem X. GOUGH, Appellant, v. STATE of Florida, Appellee.

Nancy A. Daniels, Public Defender, and Gail E. Anderson, Assistant Public Defender, Tallahassee, for Appellant. Bill McCollum, Attorney General, and Michael T. Kennett, Assistant Attorney General, Tallahassee, for Appellee.

PER CURIAM.

Nancy A. Daniels, Public Defender, and Gail E. Anderson, Assistant Public Defender, Tallahassee, for Appellant.

Bill McCollum, Attorney General, and Michael T. Kennett, Assistant Attorney General, Tallahassee, for Appellee.

Opinion

PER CURIAM.

Kareem Gough appeals his conviction for second degree murder arguing that the trial court committed fundamental error in giving the standard jury instruction on manslaughter. Intent was a disputed issue in this case. Accordingly, we reverse and remand for a new trial. Montgomery v. State, 70 So.3d 603, (Fla. 1st DCA 2009).

REVERSED AND REMANDED for further proceedings consistent with this opinion.

BARFIELD, KAHN, and VAN NORTWICK, JJ., concur.