Herring v. State
43 So. 3d 823, 2010 Fla. App. LEXIS 12402, 2010 WL 3328306
District Court of Appeal of Florida·Decided August 25, 2010·No. 1D09-0585·Published·Cited by 5 cases
Opinion
Lamonte Herring appeals his conviction and sentence for attempted second degree murder on several grounds. We find fundamental error and reverse under State v. Montgomery, 39 So.3d 252 (Fla.2010), and Rushing v. State, — So.3d —, 35 Fla. L. Weekly D1376 (Fla. 1st DCA June 21, 2010), because the trial court gave the standard jury instruction on the lesser included offense of attempted voluntary manslaughter which erroneously includes intent to kill as an element of the crime.
REVERSED and REMANDED.
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Herring v. State, 43 So. 3d 823, 2010 Fla. App. LEXIS 12402, 2010 WL 3328306 (Fla. Ct. App. 2010).
43 So. 3d 823 (Herring v. State) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.
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