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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 ter 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.
Document Info
Docket Number: No. 5D11-1519
Citation Numbers: 112 So. 3d 127, 2013 Fla. App. LEXIS 7149, 2013 WL 1844399
Judges: Cohen, Evander, Lawson
Filed Date: 5/3/2013
Precedential Status: Precedential
Modified Date: 10/19/2024