VANDARIUS ROUNDTREE, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
VANDARIUS ROUNDTREE, APPELLANT,
STATE OF FLORIDA, APPELLEE
77 So. 3d 846
Florida District Court of Appeal, Fifth District (2012)
Positive Treatment
Cited by 4 cases
Opinion of the Court
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), review granted, 64 So.3d 1262 (Fla.2011).
The convictions and judgments on all other counts are affirmed.
AFFIRMED IN PART; REVERSED IN PART; and REMANDED.
SAWAYA and MONACO, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Sims v. State, 94 So. 3d 664 (Fla. 5th DCA 2012)…xception [*665] of attempted second-degree murder. The 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). AF…
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Shade v. State, 83 So. 3d 979 (Fla. 5th DCA 2012)…COHEN, J. We reverse Mr. 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. S…
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)
- Cannon v. State, 77 So. 3d 684 (Fla. 5th DCA 2011)
- Arizona Willis, III v. State, 70 So. 3d 739 (Fla. 5th DCA 2011)