Morales v. State

District Court of Appeal of Florida

Morales v. State

134 So. 3d 967, 2011 Fla. App. LEXIS 1577, 2011 WL 479981

CourtDistrict Court of Appeal of Florida

DecidedFebruary 11, 2011

DocketNo. 1D09-4291

StatusPublished

Cited by1 cases

This text of 134 So. 3d 967 (Morales 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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Morales v. State, 134 So. 3d 967, 2011 Fla. App. LEXIS 1577, 2011 WL 479981 (Fla. Ct. App. 2011).

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Opinion

PER CURIAM.

ON MOTION FOR CLARIFICATION OR REHEARING

We grant the State’s Motion for Clarification or Rehearing, withdraw our previous opinion, and substitute the following opinion in its place.

Appellant’s conviction of attempted second-degree murder with a weapon is reversed. See State v. Montgomery, 39 So.3d 252 (Fla.2010); Lamb v. State, 18 So.3d 734 (Fla. 1st DCA 2009). Contra Williams v. State, 40 So.3d 72 (Fla. 4th DCA 2010). We affirm appellant’s convictions of sexual battery, tampering with evidence, and aggravated battery with great bodily harm and with a weapon.

Affirmed in part, reversed in part, and remanded.

BENTON, C.J., PADOVANO, and CLARK, JJ., concur.

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