Florida District Courts of Appeal, 2012

Shade v. State

Florida District Courts of Appeal · Decided March 23, 2012 · Cohen, Palmer, Lawson

83 So. 3d 979; 2012 WL 966624; 2012 Fla. App. LEXIS 4574 (Southern Reporter, Third Series)

Cases that cite this one

1 later published case cites this decision.

KULO v. State (Fla. Dist. Ct. App. 2012)

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

COHEN, J.

We reverse Mr. Shade’s conviction for attempted second-degree murder based upon the fundamentally erroneous jury instruction on the lesser-included attempted voluntary manslaughter offense. Roundtree v. State, 77 So.3d 846 (Fla. 5th DCA 2012); Cannon v. State, 77 So.3d 684 (Fla. 5th DCA 2011); Willis v. State, 70 So.3d 739 (Fla. 5th DCA 2011); Burton v. State, — So.3d -, 2011 WL 1326258 (Fla. 5th DCA 2011). As done previously, we express conflict with Williams v. State, 40 So.3d 72 (Fla. 4th DCA 2010), review granted, 64 So.3d 1262 (Fla. 2011).

REVERSED and REMANDED.

PALMER and LAWSON, JJ., concur.

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