Dames v. State

District Court of Appeal of Florida

Dames v. State

700 So. 2d 125, 1997 Fla. App. LEXIS 11453, 1997 WL 614345

CourtDistrict Court of Appeal of Florida

DecidedOctober 8, 1997

DocketNo. 95-04689

StatusPublished

Cited by1 cases

This text of 700 So. 2d 125 (Dames v. State) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Dames v. State, 700 So. 2d 125, 1997 Fla. App. LEXIS 11453, 1997 WL 614345 (Fla. Ct. App. 1997).

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Opinion

ALTENBERND, Judge.

Joseph Dames, III, appeals his convictions for first-degree murder and attempted second-degree murder, contending the trial court committed four reversibleerrors when instructing the jury. Only one of those issues requires reversal or discussion. We affirm the first-degree murder conviction and the related life sentence without discussion. We reverse the attempted second-degree murder conviction and sentence because the trial court committed reversible error in denying Mr. Dames’ requested instruction on attempted manslaughter. See Roberts v. State, 694 So.2d 825 (Fla. 2d DCA 1997); Holmes v. State, 642 So.2d 1387 (Fla. 2d DCA 1994). The case is remanded for retrial solely on the attempted second-degree murder charge. See Roberts, 694 So.2d at 826.

Affirmed in part, reversed in part, and remanded with directions.

PARKER, C.J., and LAZZARA, J., concur.

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ALTENBERND, Judge.

Joseph Dames, III, appeals his convictions for first-degree murder and attempted second-degree murder, contending the trial court committed four reversibleerrors when instructing the jury. Only one of those issues requires reversal or discussion. We affirm the first-degree murder conviction and the related life sentence without discussion. We reverse the attempted second-degree murder conviction and sentence because the trial court committed reversible error in denying Mr. Dames’ requested instruction on attempted manslaughter. See Roberts v. State, 694 So.2d 825 (Fla. 2d DCA 1997); Holmes v. State, 642 So.2d 1387 (Fla. 2d DCA 1994). The case is remanded for retrial solely on the attempted second-degree murder charge. See Roberts, 694 So.2d at 826.

Affirmed in part, reversed in part, and remanded with directions.

PARKER, C.J., and LAZZARA, J., concur.

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700 So. 2d 125, 1997 Fla. App. LEXIS 11453, 1997 WL 614345, Counsel Stack Legal Research, https://law.counselstack.com/opinion/dames-v-state-fladistctapp-1997.

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