Fleming v. State

557 So. 2d 621, 1990 Fla. App. LEXIS 870, 1990 WL 11136
District Court of Appeal of Florida·Decided February 14, 1990·No. No. 89-0149·Published·Cited by 1 cases

Opinion

PER CURIAM.

We affirm appellant’s robbery conviction but reverse the conviction for attempted second degree murder and remand for a new trial. The trial court, apparently under the mistaken belief that no such crime existed, refused to instruct the jury on the lesser-included offense of attempted manslaughter. This was reversible error. See Marshall v. State, 529 So.2d 797 (Fla. 3d DCA 1988); Hunter v. State, 389 So.2d 661 [622]*622(Fla. 4th DCA 1988); Hunter v. State, 389 So.2d 661 (Fla. 4th DCA 1980).

DOWNEY, ANSTEAD and LETTS, JJ., concur.

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Fleming v. State, 557 So. 2d 621, 1990 Fla. App. LEXIS 870, 1990 WL 11136 (Fla. Ct. App. 1990).

557 So. 2d 621 (Fleming v. State) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

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