TERENCE C. ATKINS, PETITIONER,

v.

STATE OF FLORIDA, RESPONDENT

Citator

Cited By

• Noack v. State, 61 So. 3d 1208 (Fla. 1st DCA 2011)
  …g., Pryor v. State, 48 So. 3d 159, 161-62 (Fla. 1st DCA 2010); Riesel v. State, 48 So. 3d 885 (Fla. 1st DCA 2010). We have also found that the standard instruction for attempted manslaughter by act suffers from the same defect. See Herring v. State, 43 So. 3d 823 (Fla. 1st DCA 2010); Lamb v. State, 18 So. 3d 734 (Fla. 1st DCA 2009); contra Williams v. State, 40 So. 3d 72 (Fla. 4th DCA 2010). Because we are reversing and remanding for a new trial, we do not address Mr. Noack’s claim that he was improperly den…
• Kirkland v. State, 67 So. 3d 1147 (Fla. 1st DCA 2011)
  …or a crime beyond the prescribed statutory maximum. No jury determination of fact is required. Upon the State’s concession of error for the jury instruction of the lesser included offense of attempted manslaughter, and in light of Herring v. State, 43 So. 3d 823 (Fla. 1st DCA 2010), Lamb v. State, 18 So. 3d 734 (Fla. 1st DCA 2009), and Rushing v. State, — So. 3d —, 2010 WL 2471903 (Fla. 1st DCA 2010), Appellant’s conviction on Count I for the lesser included offense of attempted second-degree murder is REVE…
• Montez Anderson v. State, 70 So. 3d 611 (Fla. 1st DCA 2011)
  …ghter by act, which was the lesser-included offense one step removed from the crime of which Appellant was convicted. See State v. Montgomery, 39 So. 3d 252, 258-60 (Fla.2010); Lamb v. State, 18 So. 3d 734, 735 (Fla. 1st DCA 2009); Herring v. State, 43 So. 3d 823, 824 (Fla. 1st DCA 2010). Our reversal based on the erroneous attempted manslaughter instruction renders Appellant’s remaining arguments moot. However, we will address one additional issue because it is likely to arise again at the new trial. Below…

Authorities Cited

• Goodman v. State, 578 So. 2d 11 (Fla. 1st DCA 1991)