Febuary 3, 2015 - First District Court of Appeal Reverses Conviction and Life Sentence

February 3, 2015, the Florida First District Court of Appeals reversed the conviction and life sentence of Mr. Kent's client, Frederick Lee Wade, based on Mr. Kent's argument that the trial court committed fundamental error in failing to give a lesser included jury instruction.  A copy of the Court's opinion can be read here.  The Court had this to say:

"Fredrick Lee Wade challenges his conviction for second-degree murder. The jury could have reasonably viewed the evidence as establishing second-degree murder, manslaughter by act, or manslaughter by culpable negligence. Although the court instructed the jury on manslaughter by act as a lesser included offense of the charged offense, the jury was not given the opportunity to consider manslaughter by culpable negligence. Under the facts of this case, the omission of instructions on manslaughter by culpable negligence constituted fundamental error.  .   .   .   We reject the State’s argument that Wade affirmatively waived the right to an instruction on the applicable manslaughter theories by unsuccessfully requesting that the jury not be given the opportunity to consider lesser included offenses at all.  .   .   .   For the foregoing reasons, we reverse and remand for a new trial."