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: Apr 24, 2014

135 So. 3d 1172 (Fla. Dist. Ct. App. 2014)

Opinion

No. 1D08–3157.

2014-04-24

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

An appeal from the Circuit Court for Escambia County. Jan Shackelford, Judge. Nancy A. Daniels, Public Defender, and Gail E. Anderson, Assistant Public Defender, Tallahassee, for Appellant. Pamela Jo Bondi, Attorney General, and Michael T. Kennett, Assistant Attorney General, Tallahassee, for Appellee.

PER CURIAM.

An appeal from the Circuit Court for Escambia County. Jan Shackelford, Judge.
Nancy A. Daniels, Public Defender, and Gail E. Anderson, Assistant Public Defender, Tallahassee, for Appellant. Pamela Jo Bondi, Attorney General, and Michael T. Kennett, Assistant Attorney General, Tallahassee, for Appellee.
PER CURIAM.

Kareem X. Gough seeks review of his judgment and sentence for second degree murder, asserting that the trial court committed fundamental error by giving the standard jury instruction on the lesser included offense of manslaughter. Because the record reflects that intent was a disputed issue in this case, we reverse and remand for new trial. Montgomery v. State, 70 So.3d 603 (Fla. 1st DCA 2009), approved, State v. Montgomery, 39 So.3d 252 (Fla.2010).

REVERSED and REMANDED for further proceedings consistent with this opinion. VAN NORTWICK, MARSTILLER and RAY, JJ., concur.