State of Florida, Petitioner v. Nicolas Dominique, Respondent

Summary

The Court held that an erroneous manslaughter-by-act jury instruction did not constitute fundamental error requiring a new trial because the jury was also correctly instructed on manslaughter by culpable negligence and the evidence reasonably supported that offense. The culpable-negligence instruction provided the jury with a viable nonintentional homicide alternative to second-degree murder, curing the instructional error. The Court quashed the district court's decision and directed reinstatement of the conviction and sentence.