VISHAUL PAUL, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE

Fla. 5th DCA | 2014-03-21
No. 5D09-2449
GRIFFIN and SAWAYA, JJ., concur.
137 So. 3d 465 Florida District Court of Appeal, Fifth District (2014) Positive Treatment
Cited by 2 cases

Opinion of the Court
COHEN, J.

ON REMAND FROM THE SUPREME COURT

COHEN, J.

Pursuant to Haygood v. State, 109 So.3d 735 (Fla.2013), we withdraw the mandate issued June 6, 2011, and our previously entered opinion, and reverse and remand for a new trial.

REVERSED AND REMANDED.

GRIFFIN and SAWAYA, JJ., concur.


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  • Viron Paul v. State, 183 So. 3d 1154 (Fla. 5th DCA 2015)
    …determination that the giving of the manslaughter by act instruction constituted fundamental érror.” Paul v. State, 63 So. 3d 828, 830 (Fla. 5th DCA 2011), decision quashed, 137 So. 3d 1021 (Fia.2014) (unpublished, table opinion), opinion withdrawn, 137 So. 3d 465 (Fla. 5th DCA 2014). Vishaul appealed our decision to the Florida Supreme Court, which accepted jurisdiction. In contrast, although the same fundamentally erroneous manslaughter by intentional act jury instruction was given in his case, Defendant d…
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  • Page v. State, 201 So. 3d 207 (Fla. 5th DCA 2016)
    …. In Paul v. State, 63 So. 3d 828 (Fla. 5th DCA 2011), we aligned ourselves with these courts. The Florida Supreme Court later quashed this opinion in Paul v. State, 137 So. 3d 1021 (Fla.2014), and we thereafter withdrew our opinion. Paul v. State, 137 So. 3d 465 (Fla. 5th DCA 2014). . Page is currently serving a thirty-year prison sentence for the attempted first-degree murder. Page was also sentenced to a concurrent five-year prison sentence for the attempted robbery, which he has now completed.…

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