Reddick v. State

District Court of Appeal of Florida

Reddick v. State

112 So. 3d 127, 2013 WL 1844399, 2013 Fla. App. LEXIS 7149

Procedural entryThis page is a short order in Reddick v. State. Read the opinion of the Court — 2011 Fla. App. LEXIS 3265 →

District Court of Appeal of Florida·Decided May 3, 2013·No. No. 5D11-1519·Published

Opinion

PER CURIAM.

Following a jury trial, Zollie Reddick, Jr., was convicted of attempted second-degree murder and aggravated battery with a deadly weapon.

We are compelled to reverse the attempted second-degree murder conviction because the jury instruction on the lesser offense of attempted voluntary manslaugh[128]*128ter was fundamentally erroneous. See Williams v. State, — So.3d - (Fla.2013); see also Sims v. State, 94 So.3d 664 (Fla. 5th DCA 2012). We affirm Reddick’s conviction for aggravated battery with a deadly weapon.

AFFIRMED, in part; REVERSED, in part; REMANDED.

LAWSON, EVANDER and COHEN, JJ., concur.

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PER CURIAM.

Following a jury trial, Zollie Reddick, Jr., was convicted of attempted second-degree murder and aggravated battery with a deadly weapon.

We are compelled to reverse the attempted second-degree murder conviction because the jury instruction on the lesser offense of attempted voluntary manslaugh[128]*128ter was fundamentally erroneous. See Williams v. State, — So.3d - (Fla.2013); see also Sims v. State, 94 So.3d 664 (Fla. 5th DCA 2012). We affirm Reddick’s conviction for aggravated battery with a deadly weapon.

AFFIRMED, in part; REVERSED, in part; REMANDED.

LAWSON, EVANDER and COHEN, JJ., concur.

Reddick v. State, 112 So. 3d 127, 2013 WL 1844399, 2013 Fla. App. LEXIS 7149 (Fla. Ct. App. 2013).

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Opinion

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