WESTLEY BEE WILLIAMS, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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[*578] PER CURIAM.
Defendant, charged with attempted first-degree murder, was found guilty of attempted second-degree murder. He claims that the trial court committed reversible error by declining to instruct the jury on the crime of attempted third-degree murder. We agree.
It is now well-settled that the crime of attempted third-degree murder exists in Florida. See State v. Overfelt, 457 So. 2d 1385 (Fla.1984); Gentry v. State, 437 So. 2d 1097 (Fla.1983). It is equally well-settled that “the failure to instruct on the next immediate lesser-included offense (one step removed) constitutes error that is per se reversible.” State v. Abreau, 363 So. 2d 1063 (Fla.1978). Thus, the trial court’s refusal to instruct on attempted third-degree murder, the next immediate lesser-included offense to the crime of attempted second-degree murder, requires reversal of defendant’s conviction and sentence for the crime of attempted second-degree murder. REVERSED and REMANDED for NEW TRIAL.
LETTS, HURLEY and DELL, JJ., concur.
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Citator
Cited By
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Wilcott v. State, 509 So. 2d 261 (Fla. 1987)
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Watkins v. State, 705 So. 2d 938 (Fla. 5th DCA 1998)…ecessarily lesser included offense of attempted first-degree murder. Gentry v. State, 437 So. 2d 1097 (Fla.1983); Holland v. State, 634 So. 2d 813, 816 (Fla. 1st DCA 1994); Dicicco v. State, 496 So. 2d 864, 865 (Fla. 2d DCA 1986); Williams v. State, 462 So. 2d 577 (Fla. 4th DCA), review denied, 472 So. 2d 1182 (Fla.1985); Morgan v. State, 417 So. 2d 1027 (Fla. 3d DCA 1982), review denied, 426 So. 2d 27 (Fla.1983); Littles v. State, 384 So. 2d 744 (Fla. 1st DCA 1980). See Florida Std. Jury Instr. (Crim.), Sche…
Authorities Cited
- Grant v. State, 363 So. 2d 1063 (Fla. 1978)
- State v. Overfelt, 457 So. 2d 1385 (Fla. 1984)
- Davis v. State, 437 So. 2d 1097 (Fla. 1983)