Florida District Courts of Appeal, 2013

Reddick v. State

Reddick v. State
Florida District Courts of Appeal · Decided May 3, 2013 · Cohen, Evander, Lawson
112 So. 3d 127; 2013 WL 1844399; 2013 Fla. App. LEXIS 7149 (Southern Reporter, Third Series)

Reddick v. State

Opinion of the Court

PER CURIAM.

Following a jury trial, Zollie Reddick, Jr., was convicted of attempted second-degree murder and aggravated battery with a deadly weapon.

We are compelled to reverse the attempted second-degree murder conviction because the jury instruction on the lesser offense of attempted voluntary manslaugh*128ter was fundamentally erroneous. See Williams v. State, — So.3d - (Fla. 2013); see also Sims v. State, 94 So.3d 664 (Fla. 5th DCA 2012). We affirm Reddick’s conviction for aggravated battery with a deadly weapon.

AFFIRMED, in part; REVERSED, in part; REMANDED.

LAWSON, EVANDER and COHEN, JJ., concur.

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