Lisa Gail Mullis v. State of Florida ( 2014 )


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  •                                      IN THE DISTRICT COURT OF APPEAL
    FIRST DISTRICT, STATE OF FLORIDA
    LISA GAIL MULLIS,                    NOT FINAL UNTIL TIME EXPIRES TO
    FILE MOTION FOR REHEARING AND
    Appellant,                     DISPOSITION THEREOF IF FILED
    v.                                   CASE NO. 1D10-2234
    STATE OF FLORIDA,
    Appellee.
    _____________________________/
    Opinion filed September 10, 2014.
    An appeal from the Circuit Court for Clay County.
    John H. Skinner, Judge.
    Nancy A. Daniels, Public Defender, and Diana L. Johnson and Glen P. Gifford,
    Assistant Public Defenders, Tallahassee, for Appellant.
    Pamela Jo Bondi, Attorney General, and Giselle D. Lylen, Assistant Attorney
    General, Tallahassee, for Appellee.
    PER CURIAM.
    Lisa Gail Mullis appeals her convictions and sentences for attempted
    second-degree murder, kidnapping, robbery with a deadly weapon, carjacking, and
    second-degree arson. Fundamental error in the conviction for attempted second-
    degree murder occurred when the court instructed the jury that an element of the
    lesser-included offense of attempted manslaughter by act is the commission of “an
    act which was intended to cause the death of” the victim. Williams v. State, 
    123 So. 3d 23
     (Fla. 2013). Consequently, we reverse the conviction and sentence for
    attempted second-degree murder and remand for a new trial on that count. We
    otherwise affirm.
    AFFIRMED in part; REVERSED in part; and REMANDED.
    THOMAS, RAY, and OSTERHAUS, JJ., CONCUR.
    2
    

Document Info

Docket Number: 10-2234

Filed Date: 9/9/2014

Precedential Status: Precedential

Modified Date: 10/30/2014