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Lamb v. State

18 So. 3d 734, 2009 Fla. App. LEXIS 15572, 2009 WL 3278689
CourtDistrict Court of Appeal of Florida
DecidedOctober 14, 2009
Docket1D08-4274
StatusPublished
Cited by36 cases

This text of 18 So. 3d 734 (Lamb 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.

Bluebook
Lamb v. State, 18 So. 3d 734, 2009 Fla. App. LEXIS 15572, 2009 WL 3278689 (Fla. Ct. App. 2009).

Opinion

PER CURIAM.

Following this court’s recent decision in Montgomery v. State, - So.3d -, 2009 WL 850624 (Fla. 1st DCA 2009), rev. granted State v. Montgomery, 11 So.3d 943 (Fla.2009), the trial court committed fundamental error by giving the standard jury instruction for attempted manslaughter by act, which adds the additional element that the defendant “committed an act intended to cause the death” of the victim when attempted manslaughter by act requires only an intentional unlawful act.

REVERSED and REMANDED.

BARFIELD, KAHN, and VAN NORTWICK, JJ., concur.

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Cite This Page — Counsel Stack

Bluebook (online)
18 So. 3d 734, 2009 Fla. App. LEXIS 15572, 2009 WL 3278689, Counsel Stack Legal Research, https://law.counselstack.com/opinion/lamb-v-state-fladistctapp-2009.