Florida District Courts of Appeal, 1990

Fleming v. State

Florida District Courts of Appeal · Decided February 14, 1990 · Anstead, Downey, Letts

557 So. 2d 621; 1990 Fla. App. LEXIS 870; 1990 WL 11136 (Southern Reporter, Second Series)

Cases that cite this one

1 later published case cites this decision.

Jamie Grant v. State of Florida (Fla. Dist. Ct. App. 2016)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

PER CURIAM.

We affirm appellant’s robbery conviction but reverse the conviction for attempted second degree murder and remand for a new trial. The trial court, apparently under the mistaken belief that no such crime existed, refused to instruct the jury on the lesser-included offense of attempted manslaughter. This was reversible error. See Marshall v. State, 529 So.2d 797 (Fla. 3d DCA 1988); Hunter v. State, 389 So.2d 661 *622(Fla. 4th DCA 1988); Hunter v. State, 389 So.2d 661 (Fla. 4th DCA 1980).

DOWNEY, ANSTEAD and LETTS, JJ., concur.

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