Johnson v. State
Johnson v. State
Opinion of the Court
Appellant, Michael D. Johnson, appeals his conviction and sentence for attempted second-degree murder. As properly conceded by the State, fundamental error occurred during the proceedings when the jury was read the attempted voluntary manslaughter by act instruction disapproved of in State v. Montgomery, 39 So.3d 252, 256 (Fla. 2010) (“(Defendant) intentionally caused the death of (victim).”) (quoting Fla. Std. Jury Instr. (Crim.) 7.7 (2006)). See also Williams v. State, 123 So.3d 23, (Fla. 2013) (extending Montgomery to jury instruction on attempted volun
AFFIRMED in part, REVERSED in part and REMANDED.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.