Florida District Courts of Appeal, 2012

Roundtree v. State

Florida District Courts of Appeal · Decided January 13, 2012 · Monaco, Sawaya, Torpy

77 So. 3d 846; 2012 Fla. App. LEXIS 361; 2012 WL 94571 (Southern Reporter, Third Series)

Cases that cite this one

2 later published cases cite this decision.

Shade v. State (Fla. Dist. Ct. App. 2012)
Sims 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 of the Court

TORPY, J.

We reverse Appellant’s conviction for attempted second-degree murder because the jury charge on the lesser-included offense of attempted voluntary manslaughter was fundamentally erroneous. 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). We once again express conflict with our sister court in Williams v. State, 40 So.3d 72 (Fla. 4th DCA 2010), review granted, 64 So.3d 1262 (Fla. 2011).

The convictions and judgments on all other counts are affirmed.

AFFIRMED IN PART; REVERSED IN PART; and REMANDED.

SAWAYA and MONACO, JJ., concur.

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