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139 So. 3d 489

Rodriguez v. State

District Court of Appeal of Florida · decided 2014-06-04

Cited by 3 later decisions — most recently November 2014

3 state decisions

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

Good law ✅— No negative treatment on recordhow we know

Decided 2014-06-04

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¶1ON REMAND FROM THE SUPREME COURT

PER CURIAM.

¶2The Supreme Court quashed the decision in this ease and remanded for further proceedings consistent with its decision in Williams v. State, 123 So.3d 23 (Fla.2013). Appellant was convicted of attempted second degree murder and other crimes. As in Williams, the circuit court committed fundamental error by giving a faulty instruction on attempted manslaughter. Appellant’s attempted second degree murder conviction was one step removed from attempted manslaughter. Id. at 24. Based on Williams, we reverse appellant’s convictions and remand for a new trial.

GROSS, CIKLIN and FORST, JJ., concur.
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