Fleming v. State

District Court of Appeal of Florida

Fleming v. State

557 So. 2d 621, 1990 Fla. App. LEXIS 870, 1990 WL 11136

CourtDistrict Court of Appeal of Florida

DecidedFebruary 14, 1990

DocketNo. 89-0149

StatusPublished

Cited by1 cases

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

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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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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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557 So. 2d 621, 1990 Fla. App. LEXIS 870, 1990 WL 11136, Counsel Stack Legal Research, https://law.counselstack.com/opinion/fleming-v-state-fladistctapp-1990.

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