TYRONE FLEMING, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
TYRONE FLEMING, APPELLANT,
STATE OF FLORIDA, APPELLEE
557 So. 2d 621
Florida District Court of Appeal, Fourth District (1990)
Positive Treatment
Cited by 2 cases
Opinion of the Court
PER CURIAM.
We affirm appellant’s robbery conviction but reverse the conviction for attempted second degree murder and remand for a new trial. The trial court, apparently under the mistaken belief that no such crime existed, refused to instruct the jury on the lesser-included offense of attempted manslaughter. This was reversible error. See Marshall v. State, 529 So. 2d 797 (Fla. 3d DCA 1988); Hunter v. State, 389 So. 2d 661 (Fla. 4th DCA 1988); Hunter v. State, 389 So. 2d 661 (Fla. 4th DCA 1980).
DOWNEY, ANSTEAD and LETTS, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Grant v. State, 189 So. 3d 878 (Fla. 4th DCA 2016)…at attempted armed robbery was' a necessarily lesser-included offense of attempted carjacking, as “every carjacking is also a robbery.” 870 So. 2d at 17 (quoting Fryer v. State, 732 So. 2d 30, 32 (Fla. 5th DCA 1999)); Similarly, in Fleming v. State, 557 So. 2d 621 (Fla. 4th DCA 1990), this Court reversed a conviction for attempted second-degree murder and remanded where the trial court erroneously refused to instruct on the lesser-included offense of attempted manslaughter. Id. at 621-22. Applying those prin…
Authorities Cited
- Hunter v. State, 389 So. 2d 661 (Fla. 4th DCA 1980)
- Brindley Marshall v. State, 529 So. 2d 797 (Fla. 3d DCA 1988)