Home/District Court of Appeal of Florida/O'Brian v. State

O'Brian v. State

649 So. 2d 336, 1995 Fla. App. LEXIS 574, 1995 WL 33547
CourtDistrict Court of Appeal of Florida
DecidedJanuary 31, 1995
DocketNo. 92-3630
StatusPublished
Cited by2 cases

This text of 649 So. 2d 336 (O'Brian 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
O'Brian v. State, 649 So. 2d 336, 1995 Fla. App. LEXIS 574, 1995 WL 33547 (Fla. Ct. App. 1995).

Opinion

PER CURIAM.

We must reverse O’Brian’s conviction for attempted manslaughter and remand for a new trial because a jury instruction was given on attempted manslaughter by culpable negligence, a non-existent crime in Florida. Taylor v. State, 444 So.2d 931 (Fla.1983); Arline v. State, 550 So.2d 1180 (Fla. 1st DCA 1989). We also remand for resentencing on O’Brian’s conviction for aggravated battery (a second-degree felony), as the State concedes that the sentence was improperly enhanced to a first-degree felony under section 775.087(1), Florida Statutes (1991), based upon O’Brian’s use of a weapon in committing the offense.

BOOTH, MICKLE and BENTON, JJ., concur.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Lewellen v. State
682 So. 2d 186 (District Court of Appeal of Florida, 1996)
Wise v. Schmidek
649 So. 2d 336 (District Court of Appeal of Florida, 1995)

Cite This Page — Counsel Stack

Bluebook (online)
649 So. 2d 336, 1995 Fla. App. LEXIS 574, 1995 WL 33547, Counsel Stack Legal Research, https://law.counselstack.com/opinion/obrian-v-state-fladistctapp-1995.