Florida District Courts of Appeal, 2013

Williams v. State

Williams v. State
Florida District Courts of Appeal · Decided August 28, 2013 · Ciklin, Forst, Gross
121 So. 3d 634; 2013 WL 4525631; 2013 Fla. App. LEXIS 13667 (Southern Reporter, Third Series)

Williams v. State

Opinion of the Court

PER CURIAM.

In an opinion rendered June 8, 2011, we affirmed Appellant’s convictions but withheld issuance of the mandate pending the Florida Supreme Court’s decision in Williams v. State, 123 So.3d 23 (Fla. 2013). In light of the Court’s decision in Williams, we grant Appellant’s motion to withdraw the previously issued opinion and we substitute the following.

Under the Florida Supreme Court’s recent decision in Williams, the trial court committed fundamental error by delivering the standard jury instruction for attempted manslaughter by act. Accordingly, we reverse and remand Appellant’s conviction for second-degree murder with a firearm.

Reversed and remanded for a new trial.

GROSS, CIKLIN and FORST, JJ., concur.

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