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121 So. 3d 634

Williams v. State

District Court of Appeal of Florida

Decided August 28, 2013

District Court of Appeal of Florida · decided 2013-08-28

Cited by 2 later decisions — most recently October 2014

2 state decisions

Relies on 123 So. 3d 23 - Williams v. State

Good law ✅— No negative treatment on recordhow we know

Decided 2013-08-28

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PER CURIAM.

¶1In an opinion rendered June 8, 2011, we affirmed Appellant’s convictions but withheld issuance of the mandate pending the Florida Supreme Court’s decision in Williams v. State, 123 So.3d 23 (Fla.2013). In light of the Court’s decision in Williams, we grant Appellant’s motion to withdraw the previously issued opinion and we substitute the following.

¶2Under the Florida Supreme Court’s recent decision in Williams, the trial court committed fundamental error by delivering the standard jury instruction for attempted manslaughter by act. Accordingly, we reverse and remand Appellant’s conviction for second-degree murder with a firearm.

¶3Reversed and remanded for a new trial.

GROSS, CIKLIN and FORST, JJ., concur.
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