Tramel v. State
This text of 215 So. 3d 111 (Tramel 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.
Opinion
ON REMAND FROM THE FLORIDA SUPREME COURT
We originally reversed Tramel’s conviction for attempted second-degree murder and aggravated battery with a deadly weapon and remanded for a new trial based on this court’s decision in Floyd v. State, 151 So.3d 452 (Fla. 1st DCA 2014). However, the Florida Supreme Court quashed our original opinion in this case and remanded for reconsideration upon application of its decision in State v. Floyd, 186 So.3d 1013 (Fla. 2016). Based on that decision, we reject Traméis argument that the jury instructions regarding the duty to retreat were fundamentally erroneous. We also affirm as to the other issues raised by Tramel, However, our affirmance is without prejudice to Tramel’s right to seek postconviction relief. See Grimsley v. State, 939 So.2d 123 (Fla. 2d DCA 2006).
AFFIRMED.
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Cite This Page — Counsel Stack
215 So. 3d 111, 2017 WL 634736, 2017 Fla. App. LEXIS 2130, Counsel Stack Legal Research, https://law.counselstack.com/opinion/tramel-v-state-fladistctapp-2017.