KAWUAN L. DAVIS, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
Explore caselaw by topic → Browse Attempted Voluntary Manslaughter cases and more on FLexlaw
After consideration of the three arguments which the defendant raises in this *1022appeal, we affirm the defendant’s convictions and sentence. We write to address only the defendant’s argument that the trial court committed fundamental error in giving the standard jury instruction on attempted voluntary manslaughter which contains language regarding the defendant “committing] an act which was intended to cause the death of’ the victim. We affirm on that argument consistent with our opinion in Williams v. State, 40 So.3d 72 (Fla. 4th DCA 2010) (giving of the standard jury instruction 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 included offense of attempted second degree murder), rev. granted, 64 So.3d 1262 (Fla.2011). We certify conflict with Houston v. State, — So.3d -, 2011 WL 3518029 (Fla. 2d DCA 2011); Burrows v. State, 62 So.3d 1258 (Fla. 3d DCA 2011); Burton v. State, - So.3d -, 2011 WL 1326258 (Fla. 5th DCA 2011); and Lamb v. State, 18 So.3d 734 (Fla. 1st DCA 2009).
Affirmed; conflict certified.
STEVENSON and TAYLOR, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Jenkins v. State, 75 So. 3d 1288 (Fla. 1st DCA 2011)…there is an as yet unresolved split of authority among the district courts of appeal on the question of whether an error of the sort identified in Montgomery is fundamental when the instruction relates to attempted manslaughter. See Davis v. State, 69 So. 3d 1021 (Fla. 4th DCA 2011), and cases cited therein. Nonetheless, the existence of Lamb, which likewise was available to appellate counsel, yields the conclusion that appellate counsel was ineffective for failing to present this issue. Accordingly, the p…
-
Kawuan L. Davis v. State, 138 So. 3d 489 (Fla. 4th DCA 2014)…titute the following opinion. The defendant appealed from a conviction and sentence for attempted second degree murder with a firearm as a lesser included offense of attempted first degree murder with a firearm. This court affirmed. Davis v. State, 69 So. 3d 1021, 1022 (Fla. 4th DCA 2011). Our affirmance was based on our opinion in Williams v. State, 40 So. 3d 72 (Fla. 4th DCA 2010) (“Williams I ”). Williams I held that the giving of the standard jury instruction on attempted voluntary manslaughter was not f…
Authorities Cited
- Amos Augustus Williams v. State, 40 So. 3d 72 (Fla. 4th DCA 2010)
- Lamb v. State, 18 So. 3d 734 (Fla. 1st DCA 2009)
- BIR v. State, 64 So. 3d 1262 (Fla. 1st DCA 2011)
- Burrows v. State, 62 So. 3d 1258 (Fla. 3d DCA 2011)