Shade v. State

District Court of Appeal of Florida

Shade v. State

83 So. 3d 979, 2012 WL 966624, 2012 Fla. App. LEXIS 4574

CourtDistrict Court of Appeal of Florida

DecidedMarch 23, 2012

Docket5D11-1483

StatusPublished

Cited by1 cases

This text of 83 So. 3d 979 (Shade 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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Shade v. State, 83 So. 3d 979, 2012 WL 966624, 2012 Fla. App. LEXIS 4574 (Fla. Ct. App. 2012).

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Opinion

COHEN, J.

We reverse Mr. Shade’s conviction for attempted second-degree murder based upon the fundamentally erroneous jury instruction on the lesser-included attempted voluntary manslaughter offense. Roundtree v. State, 77 So.3d 846 (Fla. 5th DCA 2012); 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). As done previously, we express conflict with Williams v. State, 40 So.3d 72 (Fla. 4th DCA 2010), review granted, 64 So.3d 1262 (Fla.2011).

REVERSED and REMANDED.

PALMER and LAWSON, JJ., concur.

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COHEN, J.

We reverse Mr. Shade’s conviction for attempted second-degree murder based upon the fundamentally erroneous jury instruction on the lesser-included attempted voluntary manslaughter offense. Roundtree v. State, 77 So.3d 846 (Fla. 5th DCA 2012); 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). As done previously, we express conflict with Williams v. State, 40 So.3d 72 (Fla. 4th DCA 2010), review granted, 64 So.3d 1262 (Fla.2011).

REVERSED and REMANDED.

PALMER and LAWSON, JJ., concur.

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Bluebook (online)

83 So. 3d 979, 2012 WL 966624, 2012 Fla. App. LEXIS 4574, Counsel Stack Legal Research, https://law.counselstack.com/opinion/shade-v-state-fladistctapp-2012.

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