Opinion
No. 4D09–4039.
2011-08-10
Albert ESTRADA, Appellant, v. STATE of Florida, Appellee.
Appeal from the Circuit Court for the Nineteenth Judicial Circuit, St. Lucie County; Dan L. Vaughn, Judge; L.T. Case No. 562006CF003425A.Carey Haughwout, Public Defender, and Anthony Calvello, Assistant Public Defender, West Palm Beach, for appellant. Pamela Jo Bondi, Attorney General, Tallahassee, and Mark J. Hamel, Assistant Attorney General, West Palm Beach, for appellee.
Appeal from the Circuit Court for the Nineteenth Judicial Circuit, St. Lucie County; Dan L. Vaughn, Judge; L.T. Case No. 562006CF003425A.Carey Haughwout, Public Defender, and Anthony Calvello, Assistant Public Defender, West Palm Beach, for appellant. Pamela Jo Bondi, Attorney General, Tallahassee, and Mark J. Hamel, Assistant Attorney General, West Palm Beach, for appellee.
PER CURIAM.
Affirmed. See Dowe v. State, 39 So.3d 407, 411 (Fla. 4th DCA 2010) (“[W]e find that the trial court's use of the erroneous manslaughter instruction was not fundamental error because the instruction gave the jury two options on the crime's second element: either that the defendant ‘intentionally caused the death’ of the victim, or that the death of the victim ‘was caused by the culpable negligence’ of the defendant.”); Singh v. State, 36 So.3d 848, 849–51 (Fla. 4th DCA 2010) (same).