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Roundtree v. State

77 So. 3d 846, 2012 Fla. App. LEXIS 361, 2012 WL 94571
CourtDistrict Court of Appeal of Florida
DecidedJanuary 13, 2012
DocketNo. 5D10-1525
StatusPublished
Cited by2 cases

This text of 77 So. 3d 846 (Roundtree 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
Roundtree v. State, 77 So. 3d 846, 2012 Fla. App. LEXIS 361, 2012 WL 94571 (Fla. Ct. App. 2012).

Opinion

TORPY, J.

We reverse Appellant’s conviction for attempted second-degree murder because the jury charge on the lesser-included offense of attempted voluntary manslaughter was fundamentally erroneous. Cannon v. State, 77 So.3d 684 (Fla. 5th DCA 2011); Willis v. State, 70 So.3d 739 (Fla. 5th DCA 2011); Burton v. State, — So.3d -, 2011 WL 1326258 (Fla. 5th DCA 2011). We once again express conflict with our sister court in Williams v. State, 40 So.3d 72 (Fla. 4th DCA 2010), review granted, 64 So.3d 1262 (Fla.2011).

The convictions and judgments on all other counts are affirmed.

AFFIRMED IN PART; REVERSED IN PART; and REMANDED.

SAWAYA and MONACO, JJ., concur.

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Related

Sims v. State
94 So. 3d 664 (District Court of Appeal of Florida, 2012)
Shade v. State
83 So. 3d 979 (District Court of Appeal of Florida, 2012)

Cite This Page — Counsel Stack

Bluebook (online)
77 So. 3d 846, 2012 Fla. App. LEXIS 361, 2012 WL 94571, Counsel Stack Legal Research, https://law.counselstack.com/opinion/roundtree-v-state-fladistctapp-2012.