GRADY WILLIAMS, JR., APPELLANT,
v.
STATE OF FLORIDA, APPELLEE

Fla. 4th DCA | 2013-08-28
No. 4D10-1084
GROSS, CIKLIN and FORST, JJ., concur.
121 So. 3d 634 Florida District Court of Appeal, Fourth District (2013) Positive Treatment
Cited by 4 cases
Opinion of the Court
PER CURIAM.

PER CURIAM.

In an opinion rendered June 8, 2011, we affirmed Appellant’s convictions but withheld issuance of the mandate pending the Florida Supreme Court’s decision in Williams v. State, 123 So.3d 23 (Fla.2013). In light of the Court’s decision in Williams, we grant Appellant’s motion to withdraw the previously issued opinion and we substitute the following.

Under the Florida Supreme Court’s recent decision in Williams, the trial court committed fundamental error by delivering the standard jury instruction for attempted manslaughter by act. Accordingly, we reverse and remand Appellant’s conviction for second-degree murder with a firearm.

Reversed and remanded for a new trial.

GROSS, CIKLIN and FORST, JJ., concur.

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  • Quinten Walden v. State, 162 So. 3d 84 (Fla. 4th DCA 2014)
    …80 (Fla. 4th DCA 2014); Cunningham v. State, 162 So. 3d 1, 2014 WL 714714, 39 Fla. L. Weekly D451 (Fla. 4th DCA Feb. 26, 2014); Cox v. State, 132 So. 3d 956 (Fla. 4th DCA 2014); Morgan v. State, 132 So. 3d 930 (Fla. 4th DCA 2014); Williams v. State, 121 So. 3d 634 (Fla. 4th DCA 2013).…
  • Ednere Francois v. State, 151 So. 3d 496 (Fla. 4th DCA 2014)
    …1080 (Fla. 4th DCA 2014); Cunningham v. State, - So. 3d -, 2014 WL 714714, 39 Fla. L. Weekly D451 (Fla. 4th DCA Feb. 26, 2014); Cox v. State, 132 So. 3d 956 (Fla. 4th DCA 2014); Morgan v. State, 132 So. 3d 930 (Fla. 4th DCA 2014); Williams v. State, 121 So. 3d 634 (Fla. 4th DCA 2013).…

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