HOUSTON v. STATE

No. 2D09-3546.

56 So.3d 908 (2011)

John Miguel HOUSTON, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Second District.

March 18, 2011.


Attorney(s) appearing for the Case

James Marion Moorman , Public Defender, and William L. Sharwell , Assistant Public Defender, Bartow, for Appellant.

Pamela Jo Bondi , Attorney General, Tallahassee, and Marilyn Muir Beccue , Assistant Attorney General, Tampa, for Appellee.


DAVIS, Judge.

John Miguel Houston challenges his judgment and sentence for attempted second-degree murder, robbery, aggravated assault with a firearm, and two counts of carrying a concealed weapon. On appeal, he only argues that he is entitled to a new trial on the attempted second-degree murder count. Because the trial court erroneously instructed the jury with regard to that count, we reverse and remand for new trial only as to that count.

Houston robbed...

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