JAMES E. SMART
v.
STATE OF FLORIDA
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PER CURIAM.
The petition is treated as a petition for writ of habeas corpus and is dismissed. See Baker v. State, 878 So. 2d 1236 (Fla. 2004). Petitioner is unable to show manifest injustice to allow a writ of habeas corpus to issue because in Knight v. State, 267 So. 3d 38 (Fla. 1st DCA 2018), review granted, SC18-309, 2018 WL 3097727 (Fla. Jun. 25, 2018), we held harmless error applies to a claim that the trial court failed to instruct on attempted voluntary manslaughter as a necessary lesser included offense of attempted second degree murder. B.L. THOMAS, OSTERHAUS, and BILBREY, JJ., concur. _____________________________
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Citator
Cited By
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James v. State, 275 So. 3d 250 (Fla. 1st DCA 2019)
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Hargrett v. State, 254 So. 3d 982 (Fla. 4th DCA 2018)
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Donta D. Sams v. State (Fla. 2d DCA 2019)…w the instruction was erroneous has been subject to debate among the district courts and is presently the subject of a certified question in Knight v. State, 43 - 6 - Fla. L. Weekly D404 (Fla. 1st DCA Feb. 19, 2018), review granted, No. SC18-309, 2018 WL 3097727 (Fla. June 25, 2018). Accordingly, we certify the following question: IS IT FUNDAMENTAL ERROR TO CONVICT A DEFENDANT UNDER AN ALTERED OR INCOMPLETE LESSER INCLUDED CHARGE WHERE COUNSEL AFFIRMATIVELY AGREES TO THE INSTRUCTION, BUT THE RECORD DOE…
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Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Baker v. State, 878 So. 2d 1236 (Fla. 2004)
- James v. State, 275 So. 3d 250 (Fla. 1st DCA 2019)