District Court of Appeal of Florida November 12, 2010, Nos. 5D09-90, 5D09-166 (Kenner v. State)

PER CURIAM.

Appellant challenges his conviction for second-degree murder on several grounds, only one of which merits discussion. Appellant contends that the jury instruction for the lesser-included offense of manslaughter by act was fundamentally flawed, requiring a new trial. We agree and reverse.

Appellant was charged and tried for second-degree murder.