JEAN L. CORIOLAN, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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After considering the five arguments which the defendant raises in this appeal, we affirm the defendant’s conviction and sentence for attempted second degree murder. We write to address only the defendant’s argument that the trial court committed fundamental error in giving the standard jury instruction on attempted 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 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, No. SC10-1458, 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.
CIKLIN and CONNER, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
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Daugherty v. State, 96 So. 3d 1076 (Fla. 4th DCA 2012)…fense 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 court committed fundamental error in giving the standard jury instruction on attempted manslaughter, but certifying conflict with other district courts). Without further discussion, we reject…
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Coriolan v. State, 137 So. 3d 1080 (Fla. 4th DCA 2014)…PER CURIAM. 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. Coriolan v. State, 77 So. 3d 840, 840 (Fla. 4th DCA 2012). 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 fu…
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COX v. State, 127 So. 3d 561 (Fla. 4th DCA 2012)…e, 125 So. 3d 788, at 789 (Fla. 5th DCA 2011). The parties agree Williams is controlling in this district until our supreme court resolves the conflict. We affirm, but certify conflict with the other districts on this issue. See Coriolan v. State, 77 So. 3d 840, 840 (Fla. 4th DCA 2012). Affirmed. Conflict certified. MAY, C.J., TAYLOR and DAMOORGIAN, JJ., concur.…
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)