Cannon v. State

77 So. 3d 684, 2011 Fla. App. LEXIS 17506, 2011 WL 5244301

Opinion

PER CURIAM.

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).

REVERSED and REMANDED; CONFLICT CERTIFIED.

GRIFFIN, TORPY and LAWSON, JJ., concur.

1 . Cannon was charged with attempted first-degree premeditated murder.