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693 So. 2d 95

Morgan v. State

District Court of Appeal of Florida · decided 1997-05-07

Relies on Holmes v. State

Decided 1997-05-07

PER CURIAM.

¶1Edward Morgan appeals his judgment and sentence for attempted second-degree murder contending that the trial court committed reversible error in failing to instruct the jury on the lesser included offense of attempted manslaughter. Because under the facts of this case the state has correctly confessed error, we reverse and remand for a new trial. *96See, e.g., Holmes v. State, 642 So.2d 1387, 1388 (Fla. 2d DCA 1994).

¶2Reversed and remanded for new trial.

PARKER, A.C.J., and LAZZARA and WHATLEY, JJ., concur.
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