GARY JAMEL CANNON, JR., APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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Gary Jamel Cannon, Jr., appeals his conviction on the charge of attempted second-degree murder, with special jury findings that he actually possessed and discharged a firearm while committing the crime.1 His sole argument on appeal is that the jury instruction on the lesser included offense of attempted voluntary manslaughter constituted fundamental error. We agree and reverse, remanding for a new trial on the charge of attempted second-degree murder. See Burton v. State, — So.3d - (Fla. 5th DCA 2011). As in Burton, we certify that this decision expressly and directly conflicts with the Fourth District’s decision in Williams v. State, 40 So.3d 72 (Fla. 4th DCA 2010), rev. granted, 64 So.3d 1262 (Fla.2011).
*685REVERSED and REMANDED; CONFLICT CERTIFIED.
GRIFFIN, TORPY and LAWSON, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Vandarius Roundtree v. State, 77 So. 3d 846 (Fla. 5th DCA 2012)…TORPY, J. We reverse Appellant’s conviction for attempted second-degree murder because the jury charge on the lesser-included offense of attempted voluntary manslaughter was fundamentally erroneous. Cannon v. State, 77 So. 3d 684 (Fla. 5th DCA 2011); Willis v. State, 70 So. 3d 739 (Fla. 5th DCA 2011); Burton v. State, — So. 3d -, 2011 WL 1326258 (Fla. 5th DCA 2011). We once again express conflict with our sister court in Williams v. State, 40 So. 3d 72 (Fla. 4th DCA 2010), r…
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Sims v. State, 94 So. 3d 664 (Fla. 5th DCA 2012)…he jury instruction on the lesser offense of attempted voluntary manslaughter was erroneous and, under State v. Montgomery, 39 So. 3d 252 (Fla.2010), requires reversal. See also Roundtree v. State, 77 So. 3d 846 (Fla. 5th DCA 2012); Cannon v. State, 77 So. 3d 684 (Fla. 5th DCA 2011); Burton v. State, — So. 3d -, 2011 WL 1326258 (Fla. 5th DCA 2011). As we have done previously, we certify conflict with Williams v. State, 40 So. 3d 72 (Fla. 4th DCA 2010). AFFIRMED in part; REVERSED in part and REMANDED, CONFL…
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Shade v. State, 83 So. 3d 979 (Fla. 5th DCA 2012)…r. Shade’s conviction for attempted second-degree murder based upon the fundamentally erroneous jury instruction on the lesser-included attempted voluntary manslaughter offense. Roundtree v. State, 77 So. 3d 846 (Fla. 5th DCA 2012); Cannon v. State, 77 So. 3d 684 (Fla. 5th DCA 2011); Willis v. State, 70 So. 3d 739 (Fla. 5th DCA 2011); Burton v. State, — So. 3d -, 2011 WL 1326258 (Fla. 5th DCA 2011). As done previously, we express conflict with Williams v. State, 40 So. 3d 72 (Fla. 4th DCA 2010), review grant…
Authorities Cited
- Amos Augustus Williams v. State, 40 So. 3d 72 (Fla. 4th DCA 2010)
- BIR v. State, 64 So. 3d 1262 (Fla. 1st DCA 2011)