Dominique v. State

District Court of Appeal of Florida

Dominique v. State

225 So. 3d 281, 2017 WL 3411897, 2017 Fla. App. LEXIS 11470

District Court of Appeal of Florida·Decided August 9, 2017·No. No. 4D08-2031·Published

Opinion

[282]*282 ON REMAND FROM THE SUPREME COURT OF FLORIDA

Gerber, C.J.

Pursuant to our supreme court’s decision in State v. Dominique, 215 So.3d 1227 (Fla. 2017), which quashed our decision in Dominique v. State, 171 So.3d 204 (Fla. 4th DCA 2015) (“Dominique II”), we remand to the trial court to reinstate the defendant’s conviction and sentence for second degree murder, as a lesser included offense of first degree murder.

Affirmed; remanded to reinstate conviction and sentence.

Ciklin and Forst, JJ., concur.¹

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[282]*282 ON REMAND FROM THE SUPREME COURT OF FLORIDA

Gerber, C.J.

Pursuant to our supreme court’s decision in State v. Dominique, 215 So.3d 1227 (Fla. 2017), which quashed our decision in Dominique v. State, 171 So.3d 204 (Fla. 4th DCA 2015) (“Dominique II”), we remand to the trial court to reinstate the defendant’s conviction and sentence for second degree murder, as a lesser included offense of first degree murder.

Affirmed; remanded to reinstate conviction and sentence.

Ciklin and Forst, JJ., concur.¹

Dominique v. State, 225 So. 3d 281, 2017 WL 3411897, 2017 Fla. App. LEXIS 11470 (Fla. Ct. App. 2017).

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Opinion

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