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94 So. 3d 664

Sims v. State

District Court of Appeal of Florida

Decided August 10, 2012

District Court of Appeal of Florida · decided 2012-08-10

Cited by 1 later decisions — most recently May 2013

1 state decisions

Relies on 39 So. 3d 252 - State v. Montgomery · 40 So. 3d 72 - Williams v. State · Cannon v. State

Good law ✅— No negative treatment on recordhow we know

Decided 2012-08-10

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PER CURIAM.

¶1Following a jury trial, Tyrone Sims was convicted of attempted second-degree murder, robbery with a firearm, aggravated battery with a firearm, and possession of a firearm by a convicted felon. We affirm each of the convictions with the exception *665of attempted second-degree murder. The jury instruction on the lesser offense of attempted voluntary manslaughter was erroneous and, under State v. Montgomery, 39 So.3d 252 (Fla.2010), requires reversal. See also Roundtree v. State, 77 So.3d 846 (Fla. 5th DCA 2012); Cannon v. State, 77 So.3d 684 (Fla. 5th DCA 2011); Burton v. State, — So.3d -, 2011 WL 1326258 (Fla. 5th DCA 2011). As we have done previously, we certify conflict with Williams v. State, 40 So.3d 72 (Fla. 4th DCA 2010).

¶2AFFIRMED in part; REVERSED in part and REMANDED, CONFLICT CERTIFIED.

PALMER, TORPY and COHEN, JJ., concur.
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