DAVON FRANCIS, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE
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On Remand From the Supreme Court of Florida
We reconsider on remand our opinion in Francis v. State, 22 So.3d 788 (Fla. 3d DCA 2009), which was quashed by the Florida Supreme Court in Francis v. State, 75 So.3d 237 (Fla.2011). We with held issuance of our mandate pending Supreme Court review. Therefore, pursuant to the Supreme Court mandate, this Court’s opinion of November 18, 2009, is hereby withdrawn and we substitute the following in its place.
In 2007, Davon Francis was convicted of multiple charges, including three counts of attempted second-degree murder. Because the trial court in instructing the jury gave an erroneous jury instruction on the lesser included offense of attempted voluntary manslaughter, Montgomery v. State, 70 So.3d 603 (Fla. 1st DCA 2009), we reverse those convictions for second-degree murder and remand for a new trial on those counts.
Reversed and remanded.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Francis v. State, 208 So. 3d 105 (Fla. 3d DCA 2015)…Fla.2010), which held that an inaccurate instruction on manslaughter as a lesser-included offense only one step removed constitutes fundamental error, we vacated Francis’s conviction for the attempted second-degree murder counts in Francis v. State, 77 So. 3d 806 (Fla. 3d DCA 2011). On remand, the State abandoned the attempted second-degree murder charges. Francis subsequently filed a Motion to Correct Illegal Sentence pursuant to the United States Supreme Court’s decision in Graham v. Florida, 560 U.S. 48,…
Authorities Cited
- Montgomery v. State, 70 So. 3d 603 (Fla. 1st DCA 2009)
- Francis v. State, 22 So. 3d 788 (Fla. 3d DCA 2009)
- Francis v. State, 75 So. 3d 237 (Fla. 2011)