LAMONTE HERRING, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
LAMONTE HERRING, APPELLANT,
STATE OF FLORIDA, APPELLEE
43 So. 3d 823
Florida District Court of Appeal, First District (2010)
Positive Treatment
Cited by 4 cases
Opinion of the Court
Lamonte Herring appeals his conviction and sentence for attempted second degree murder on several grounds. We find fundamental error and reverse under State v. Montgomery, 39 So.3d 252 (Fla.2010), and Rushing v. State, — So.3d —, 35 Fla. L. Weekly D1376 (Fla. 1st DCA June 21, 2010), because the trial court gave the standard jury instruction on the lesser included offense of attempted voluntary manslaughter which erroneously includes intent to kill as an element of the crime.
REVERSED and REMANDED.
THOMAS, ROBERTS, and MARSTILLER, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
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Noack v. State, 61 So. 3d 1208 (Fla. 1st DCA 2011)
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Kirkland v. State, 67 So. 3d 1147 (Fla. 1st DCA 2011)
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Montez Anderson v. State, 70 So. 3d 611 (Fla. 1st DCA 2011)
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- State v. Montgomery, 39 So. 3d 252 (Fla. 2010)