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215 So. 3d 111

Tramel v. State

District Court of Appeal of Florida

Decided February 16, 2017

District Court of Appeal of Florida · decided 2017-02-16

Cited by 1 later decisions — most recently May 2018

1 state decisions

Relies on Floyd v. State · 186 So. 3d 1013 - State of Florida v. Robert Franklin Floyd · 939 So. 2d 123 - Grimsley v. State

Good law ✅— No negative treatment on recordhow we know

Decided 2017-02-16

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¶1ON REMAND FROM THE FLORIDA SUPREME COURT

PER CURIAM.

¶2We 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).

¶3AFFIRMED.

ROBERTS, C.J., JAY and M.K. THOMAS, JJ., CONCUR.
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