JOSEPH DAMES, III, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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ALTENBERND, Judge.
Joseph Dames, III, appeals his convictions for first-degree murder and attempted second-degree murder, contending the trial court committed four reversibleerrors when instructing the jury. Only one of those issues requires reversal or discussion. We affirm the first-degree murder conviction and the related life sentence without discussion. We reverse the attempted second-degree murder conviction and sentence because the trial court committed reversible error in denying Mr. Dames’ requested instruction on attempted manslaughter. See Roberts v. State, 694 So. 2d 825 (Fla. 2d DCA 1997); Holmes v. State, 642 So. 2d 1387 (Fla. 2d DCA 1994). The case is remanded for retrial solely on the attempted second-degree murder charge. See Roberts, 694 So. 2d at 826.
Affirmed in part, reversed in part, and remanded with directions.
PARKER, C.J., and LAZZARA, J., concur.
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Citator
Cited By
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Dames v. State, 807 So. 2d 756 (Fla. 2d DCA 2002)…argument. Accordingly, we reverse the denial of Mr. Dames’ motion, vacate the conviction, and remand for a new trial. GREEN and DAVIS, JJ., Concur. . The second-degree murder conviction was reversed and remanded for a new trial in Dames v. State, 700 So. 2d 125 (Fla. 2d DCA 1997). On remand, Mr. Dames pleaded no contest to the lesser-included offense of aggravated battery with a firearm. The issue presented in the present appeal has no bearing on this conviction.…
Authorities Cited
- Geraldo Roberts v. State, 694 So. 2d 825 (Fla. 2d DCA 1997)
- Holmes v. State, 642 So. 2d 1387 (Fla. 2d DCA 1994)