Florida District Courts of Appeal, 2011

Morales v. State

Morales v. State
Florida District Courts of Appeal · Decided February 11, 2011 · Benton, Clark, Padovano
134 So. 3d 967; 2011 Fla. App. LEXIS 1577; 2011 WL 479981 (Southern Reporter, Third Series)

Morales v. State

Opinion of the Court

PER CURIAM.

ON MOTION FOR CLARIFICATION OR REHEARING

We grant the State’s Motion for Clarification or Rehearing, withdraw our previous opinion, and substitute the following opinion in its place.

Appellant’s conviction of attempted second-degree murder with a weapon is reversed. See State v. Montgomery, 39 So.3d 252 (Fla. 2010); Lamb v. State, 18 So.3d 734 (Fla. 1st DCA 2009). Contra Williams v. State, 40 So.3d 72 (Fla. 4th DCA 2010). We affirm appellant’s convictions of sexual battery, tampering with evidence, and aggravated battery with great bodily harm and with a weapon.

Affirmed in part, reversed in part, and remanded.

BENTON, C.J., PADOVANO, and CLARK, JJ., concur.

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