Houston v. State
2011 Fla. App. LEXIS 12725
| Fla. Dist. Ct. App. | 2011Background
- Houston was convicted of attempted second-degree murder, robbery, aggravated assault with a firearm, and two counts of carrying a concealed weapon.
- The information charged Houston with attempted first-degree murder on count one; the jury returned a verdict of attempted second-degree murder for that count.
- The trial court sentenced Houston to 20 years' minimum mandatory imprisonment followed by 10 years' probation.
- During trial, the court instructed the jury on attempted first-degree murder, attempted second-degree murder, and attempted manslaughter by act using the standard instruction that included the phrase 'committed an act which was intended to cause the death of' the victim.
- Houston did not object to the instruction at trial but argues on appeal that it constitutes fundamental error under State v. Montgomery.
- The Florida Supreme Court ultimately held the instruction creates a fatal defect; the court reversed and remanded for a new trial on the attempted second-degree murder count, affirming other counts.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the attempted manslaughter instruction improperly requires intent to kill | Houston argues Montgomery error; instruction impermissibly adds intent-to-kill element | State maintains no fundamental error beyond Montgomery analysis | Fundamental error; remand for new trial on only the attempted second-degree murder count |
Key Cases Cited
- State v. Montgomery, 39 So.3d 252 (Fla. 2010) (instruction error when two steps removed from first-degree murder requires reversal)
- Pena v. State, 901 So.2d 781 (Fla. 2005) (two-steps-removed principle discussed)
- Taylor v. State, 444 So.2d 931 (Fla.1983) (intent to kill may be required for attempted manslaughter by act)
- Hall v. State, 951 So.2d 91 (Fla. 2d DCA 2007) (discussion on Taylor and attempted manslaughter instruction)
- Gonzalez v. State, 40 So.3d 60 (Fla. 2d DCA 2010) (reversal for attempted second-degree murder due to flawed instruction)
- Bass v. State, 45 So.3d 970 (Fla. 3d DCA 2010) (reviewing instruction including element 'intended to cause the death')
- Williams v. State, 40 So.3d 72 (Fla. 4th DCA 2010) ( Fourth District disagreeing with Montgomery-based reasoning)
- In re Standard Jury Instrs. in Crim. Cases-Report No. 2007-10, 997 So.2d 403 (Fla.2008) (supreme court declined to remove intent element in 2008; not controlling for Montgomery analysis)