WILLIAM ASHLEY, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE
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[*361] PER CURIAM.
The final judgment of conviction for the crime of attempted manslaughter is affirmed upon a holding that: (a) there is a cognizable crime of attempted manslaughter under Florida law, at least under circumstances where, as here, the facts will support a reasonable inference that the manslaughter attempted would have been a voluntary manslaughter at common law, Taylor v. State, 444 So. 2d 931 (Fla.1983); Rodriguez v. State, 443 So. 2d 286 (Fla. 3d DCA 1983), and (b) no fundamental error has been shown as to the trial court’s jury instructions on attempted manslaughter, Ray v. State, 403 So. 2d 956 (Fla.1981).
The five-year sentence imposed for the crime of attempted manslaughter is also affirmed. The order entered one day subsequent thereto, however, which purports to retain jurisdiction in the trial court for one-half of the above sentence so as to permit the trial judge to review any decision to parole the defendant pursuant to Section 947.16(3), Florida Statutes (1981) is reversed, as said order aggravates the defendant’s previously imposed sentence in violation of the defendant’s constitutional right against double jeopardy. Troupe v. Rowe, 283 So. 2d 857 (Fla.1973); Rizzo v. State, 430 So. 2d 488 (Fla. 1st DCA 1983); Farber v. State, 409 So. 2d 71 (Fla. 3d DCA 1982); Andrews v. State, 357 So. 2d 489 (Fla. 1st DCA 1978); Flowers v. State, 351 So. 2d 387 (Fla. 1st DCA 1977).
Affirmed in part; reversed in part.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Jackson v. State, 512 So. 2d 284 (Fla. 3d DCA 1987)…t 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). In 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…
Authorities Cited
- RAY v. State, 403 So. 2d 956 (Fla. 1981)
- Flazell Troupe v. The Honorable Ellen Morphonios Rowe & the Honorable Paul Baker, 283 So. 2d 857 (Fla. 1973)
- Taylor v. State, 444 So. 2d 931 (Fla. 1983)
- Farber v. State, 409 So. 2d 71 (Fla. 3d DCA 1982)
- Knoblock v. Paree W. Knoblock, 351 So. 2d 387 (Fla. 1st DCA 1977)
- Myles C. Andrews v. State, 357 So. 2d 489 (Fla. 1st DCA 1978)
- Rizzo v. State, 430 So. 2d 488 (Fla. 1st DCA 1983)
- Rodriguez v. State, 443 So. 2d 286 (Fla. 3d DCA 1983)