BIR

v.

STATE

Citator

Cited By (35 total)

• Daugherty v. State, 96 So. 3d 1076 (Fla. 4th DCA 2012)
  …truction on attempted voluntary manslaughter was not fundamental error in a prosecution for attempted first degree murder in which the defendant was convicted of the lesser in- [*1079] eluded offense of attempted second-degree murder), rev. granted, 64 So. 3d 1262 (Fla.2011). Because the Williams case is under review in the Florida Supreme Court, we certify conflict with the contrary decisions of the other districts. See Coriolan v. State, 77 So. 3d 840, 840 (Fla. 4th DCA 2012) (rejecting argument that trial…
• Dill v. State, 79 So. 3d 849 (Fla. 5th DCA 2012)
  …n this district had approved the instruction). We note that this Court’s decisions in Lopez, Hodges and Burton are in direct conflict with the Fourth District’s decision in Williams v. State, 40 So. 3d 72, 75-76 (Fla. 4th DCA 2010), review granted, 64 So. 3d 1262 (Fla.2011), wherein the Fourth District concluded that the standard jury instruction on attempted manslaughter does not possess the same fatal flaw as the standard jury instruction on manslaughter because “you cannot attempt to commit an unintention…
• Daugherty v. State, 211 So. 3d 29 (Fla. 2017)
  …4th DCA 2012). Daugherty cited as authority the district court decisions in Haygood v. State, 54 So. 3d 1035 (Fla. 2d DCA 2011), rev. granted, 61 So. 3d 410 (Fla. 2011) (table), and Williams v. State, 40 So. 3d 72 (Fla. 4th DCA 2010), rev. granted, 64 So. 3d 1262 (Fla. 2011) (table), both of which were reversed by this Court.1 We have jurisdiction. See art. V, § 3(b)(3), Fla. Const. Upon review, we quash the decision of the district court and hold that where a defendant is convicted of second-degree murder a…