HENRY LAMB, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE

Fla. 1st DCA | 2009-10-14
No. 1D08-4274
BARFIELD, KAHN, and VAN NORTWICK, JJ., concur.
18 So. 3d 734 Florida District Court of Appeal, First District (2009) Negative Treatment
Cited by 70 cases

Opinion of the Court
PER CURIAM.

PER CURIAM.

Following this court’s recent decision in Montgomery v. State, - So.3d -, 2009 WL 850624 (Fla. 1st DCA 2009), rev. granted State v. Montgomery, 11 So.3d 943 (Fla.2009), the trial court committed fundamental error by giving the standard jury instruction for attempted manslaughter by act, which adds the additional element that the defendant “committed an act intended to cause the death” of the victim when attempted manslaughter by act requires only an intentional unlawful act.

REVERSED and REMANDED.

BARFIELD, KAHN, and VAN NORTWICK, JJ., concur.


Cases With Similar Vibessemantic neighbors from the corpus


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Cited By (35 total)

  • Amos Augustus Williams v. State, 40 So. 3d 72 (Fla. 4th DCA 2010)
    …ter constitute fundamental error? (2) Is attempted manslaughter a viable offense in light of State v. Montgomery, 39 So. 3d 252, 2010 WL 1372701 (Fla. Apr. 8, 2010)? We also note the First District has reached a contrary decision in Lamb v. State, 18 So. 3d 734 (Fla. 1st DCA 2009). We therefore certify conflict with that decision. Affirmed. WARNER and TAYLOR, JJ., concur. . The jury also found the defendant guilty of burglary of a dwelling with an assault or battery while armed and false imprisonment wi…
  • Amos Augustus Williams v. State, 123 So. 3d 23 (Fla. 2013)
    …UTE FUNDAMENTAL ERROR? (2) IS ATTEMPTED MANSLAUGHTER A VIABLE OFFENSE IN LIGHT OF STATE V. MONTGOMERY, 39 So. 3d 252 [ (FLA.2010) ]? See Williams, 40 So. 3d at 76.1 The Fourth District also certified express and direct conflict with Lamb v. State, 18 So. 3d 734 (Fla. 1st DCA 2009). As explained below, we answer both certified questions in the affirmative. We held in State v. Montgomery, 39 So. 3d 252 (Fla.2010), that giving the standard jury instruction for the completed crime of manslaughter by act— which…
  • Houston v. State, 87 So. 3d 1 (Fla. 2d DCA 2011)
    …ion on attempted voluntary manslaughter that included element that “defendant committed an act, which was in [*3] tended to cause the death of [the victim]” and finding error, “based on Montgomery,” in the giving of that instruction); Lamb v. State, 18 So. 3d 734, 735 (Fla. 1st DCA 2009) (“[T]he standard jury instruction for attempted manslaughter by act ... adds the additional element that the defendant ‘committed an act intended to cause the death’ of the victim when attempted manslaughter by act requires…

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