ANDERSON v. STATE

No. 1D09-411.

70 So.3d 611 (2011)

Montez ANDERSON, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, First District.

March 31, 2011.


Attorney(s) appearing for the Case

Michael Ufferman , Tallahassee, for Appellant.

Pamela Jo Bondi , Attorney General, Michael T. Kennett , Assistant Attorney General, and Trisha Meggs Pate , Assistant Attorney General, Tallahassee, for Appellee.


PER CURIAM.

Montez Anderson, Appellant, challenges his conviction and sentence for attempted second-degree murder. We reverse and remand for a new trial because the trial court fundamentally erred in instructing the jury that intent to kill was an element of attempted manslaughter by act, which was the lesser-included offense one step removed from the crime of which Appellant was convicted. See State v. Montgomery, 39 So.3d 252<...

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