LORENZA SESSIONS, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE

Fla. 4th DCA | 2014-04-09
No. 4D09-1061
DAMOORGIAN, C.J., MAY and LEVINE, JJ., concur.
137 So. 3d 1167 Florida District Court of Appeal, Fourth District (2014) Positive Treatment
Cited by 6 cases

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Holding

The trial court committed fundamental error by giving the standard jury instruction on attempted manslaughter by act when the defendant was convicted of attempted second degree murder.

Facts & Procedural History

The defendant was convicted of attempted second degree murder, a lesser included offense of attempted first degree murder. The trial court had given t…

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Topics
Attempted Voluntary Manslaughter Attempted Second Degree Murder Fundamental Error Lesser Included Offense

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Opinion of the Court
PER CURIAM.

ON MOTION FOR REHEARING

PER CURIAM.

We grant appellant’s motion for rehearing, withdraw our previously issued opinion, and substitute the following in its place.

The defendant appealed from his conviction and sentence for attempted second degree murder as a lesser included offense of attempted first degree murder. This court affirmed. Sessions v. State, 59 So.3d 1208 (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 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.

The defendant petitioned for review in the Florida Supreme Court. While the petition was pending, the Florida Supreme Court quashed this court’s opinion in Williams I. Williams v. State, 123 So.3d 23, 30 (Fla.2013) (“Williams II”). The Court held:

[A] trial court commits fundamental error in giving the standard jury instruction on attempted manslaughter by act where the defendant is convicted of a crime no more than one step removed from the improperly instructed offense. Id. at 27. The Court then, by order, accepted jurisdiction of this case, quashed *1168this court’s opinion in this case, and remanded for reconsideration upon application of its opinion in Williams II. Sessions v. State, No. SC11-894, 2014 WL 289813 (Fla.2014).

In light of Williams II, we hold that the trial court committed fundamental error in giving the standard jury instruction on attempted manslaughter by act. We reverse and remand for a new trial on the charge of attempted second degree murder.

Reversed and Remanded for proceedings consistent with this opinion.

DAMOORGIAN, C.J., MAY and LEVINE, JJ., concur.

Cases With Similar Vibessemantic neighbors from the corpus

Citator

Cited By

  • Quinten Walden v. State, 162 So. 3d 84 (Fla. 4th DCA 2014)
    …r. . See, e.g., Rodriguez v. State, 139 So. 3d 489 (Fla. 4th DCA 2014); Fenster v. State, 141 So. 3d 232 (Fla. 4th DCA 2014); Lopez v. State, 138 So. 3d 488 (Fla. 4th DCA 2014); Davis v. State, 138 So. 3d 489 (Fla. 4th DCA 2014); Sessions v. State, 137 So. 3d 1167 (Fla. 4th DCA 2014); Coriolan v. State, 137 So. 3d 1080 (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, 1…
  • Gibson v. State, 152 So. 3d 696 (Fla. 4th DCA 2014)
    …ion in Williams. Rodriguez v. State, 139 So. 3d 489 (Fla. 4th DCA 2014); Fenster v. State, 141 So. 3d 232 (Fla. 4th DCA 2014); Lopez v. State, 138 So. 3d 488 (Fla. 4th DCA 2014); Davis v. State, 138 So. 3d 489 (Fla. 4th DCA 2014); Sessions v. State, 137 So. 3d 1167 (Fla. 4th DCA 2014); Coriolan v. State, 137 So. 3d 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 S…
  • Ednere Francois v. State, 151 So. 3d 496 (Fla. 4th DCA 2014)
    …r. . See, e.g., Rodriguez v. State, 139 So. 3d 489 (Fla. 4th DCA 2014); Fenster v. State, 141 So. 3d 232 (Fla. 4th DCA 2014); Lopez v. State, 138 So. 3d 488 (Fla. 4th DCA 2014); Davis v. State, 138 So. 3d 489 (Fla. 4th DCA 2014); Sessions v. State, 137 So. 3d 1167 (Fla. 4th DCA 2014); Coriolan v. State, 137 So. 3d 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…

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