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512 So. 2d 284

512 So.2d 284

12 Fla.L.Weekly 2159

Jackson v. State

District Court of Appeal of Florida

Decided September 8, 1987

District Court of Appeal of Florida · decided 1987-09-08

Cited by 8 later decisions — most recently June 1995

1 federal appellate · 7 state decisions

Relies on 471 So. 2d 32 - Tillman v. State · Taylor v. State · 443 So. 2d 286 - Rodriguez v. State

Good law ✅— No negative treatment on recordhow we know

Decided 1987-09-08

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PER CURIAM.

¶1Eugene Jackson appeals from his conviction and sentence for attempted manslaughter. Jackson contends, and we agree, that he is entitled to a new trial based upon the trial court’s error in charging the jury on the crime of attempted manslaughter where the evidence failed to establish Jackson’s intent to commit the offense. “[A] verdict for attempted manslaughter can be rendered only if there is proof that the defendant had the requisite intent to commit an unlawful act.... [T]here can be no intent to commit an unlawful act where the underlying conduct constitutes culpable negligence.” Taylor v. State, 444 So.2d 931, 934 (Fla.1983). See Tillman v. State, 471 So.2d 32 (Fla.1985); Ashley v. State, 445 So.2d 360 (Fla. 3d DCA 1984); Rodriguez v. State, 443 So.2d 286 (Fla. 3d DCA 1983).

¶2In view of the fact that a new trial is mandated, we need not address the propriety of Jackson’s guidelines departure sentence or the merits of the remaining errors alleged by Jackson.

¶3Reversed and remanded for a new trial.

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