Florida District Courts of Appeal, 2014

Mullis v. State

Mullis v. State
Florida District Courts of Appeal · Decided September 10, 2014 · Osterhaus, Ray, Thomas
146 So. 3d 169; 2014 Fla. App. LEXIS 14161; 2014 WL 4437229 (Southern Reporter, Third Series)

Mullis v. State

Opinion of the Court

PER CURIAM.

Lisa Gail Mullís appeals her convictions and sentences for attempted second-degree murder, kidnapping, robbery with a deadly weapon, carjacking, and second-degree arson. Fundamental error in the conviction for attempted second-degree murder occurred when the court instructed the jury that an element of the lesser-included offense of attempted manslaughter by act is the commission of “an act which was intended to cause the death of’ the victim. Williams v. State, 128 So.3d 23 (Fla. 2013). Consequently, we reverse the conviction and sentence for attempted second-degree murder and remand for a new trial on that count. We otherwise affirm.

*170AFFIRMED in part; REVERSED in part; and REMANDED.

THOMAS, RAY, and OSTERHAUS, JJ., concur.

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