TYRONE SIMS, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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Following a jury trial, Tyrone Sims was convicted of attempted second-degree murder, robbery with a firearm, aggravated battery with a firearm, and possession of a firearm by a convicted felon. We affirm each of the convictions with the exception *665of 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).
AFFIRMED in part; REVERSED in part and REMANDED, CONFLICT CERTIFIED.
PALMER, TORPY and COHEN, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Zollie Lee Reddick, Jr. v. State, 112 So. 3d 127 (Fla. 5th DCA 2013)…o reverse the attempted second-degree murder conviction because the jury instruction on the lesser offense of attempted voluntary manslaugh [*128] ter was fundamentally erroneous. See Williams v. State, — So. 3d - (Fla.2013); see also Sims v. State, 94 So. 3d 664 (Fla. 5th DCA 2012). We affirm Reddick’s conviction for aggravated battery with a deadly weapon. AFFIRMED, in part; REVERSED, in part; REMANDED. LAWSON, EVANDER and COHEN, JJ., concur.…
Authorities Cited
- State v. Montgomery, 39 So. 3d 252 (Fla. 2010)
- Amos Augustus Williams v. State, 40 So. 3d 72 (Fla. 4th DCA 2010)
- Cannon v. State, 77 So. 3d 684 (Fla. 5th DCA 2011)
- Vandarius Roundtree v. State, 77 So. 3d 846 (Fla. 5th DCA 2012)