Zeigler v. State

Merle Frances Zeigler appeals her conviction and sentence for second-degree murder, contending that the trial court committed fundamental error when it gave the standard jury instruction on the lesser-included offense of manslaughter by act because that instruction, as it existed at the time of Zeiglers trial, improperly set out the intent required for a conviction for that offense. In support of her argument, she relies on the recent decision in Montgomery v. State, 34 Fla. L. Weekly D360 (Fla. 1st DCA Feb. 12, 2009), review granted, 11 So. 3d 943 (Fla. 2009). Because we find that the instructions given were not erroneous, we affirm Zeiglers conviction and sentence and certify conflict with Montgomery.