Florida District Courts of Appeal, 1997

Morgan v. State

Morgan v. State
Florida District Courts of Appeal · Decided May 7, 1997 · Lazzara, Parker, Whatley
693 So. 2d 95; 1997 Fla. App. LEXIS 4907; 1997 WL 228536 (Southern Reporter, Second Series)

Morgan v. State

Opinion of the Court

PER CURIAM.

Edward Morgan appeals his judgment and sentence for attempted second-degree murder contending that the trial court committed reversible error in failing to instruct the jury on the lesser included offense of attempted manslaughter. Because under the facts of this case the state has correctly confessed error, we reverse and remand for a new trial. *96See, e.g., Holmes v. State, 642 So.2d 1387, 1388 (Fla. 2d DCA 1994).

Reversed and remanded for new trial.

PARKER, A.C.J., and LAZZARA and WHATLEY, JJ., concur.

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