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CRUZ v. STATE

No. 3D09-1139.

59 So.3d 322 (2011)

William CRUZ, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Third District.

April 20, 2011.

Attorney(s) appearing for the Case

Carlos J. Martinez , Public Defender, and Maria E. Lauredo , Assistant Public Defender, for appellant.

Pamela Jo Bondi , Attorney General, and Forrest L. Andrews, Jr. , Assistant Attorney General, for appellee.

Before LAGOA and SALTER, JJ., and SCHWARTZ, Senior Judge.

PER CURIAM.

William Cruz appeals his conviction and sentence for attempted second degree murder. We reverse the conviction on each of two independently-sufficient grounds. First, the attempted voluntary manslaughter instruction, as given to the jury, violates the holding in State v. Montgomery, 39 So.3d 252 (Fla.2010).

Second, we find that Cruz's second demand to represent himself was unequivocally made, necessitating...

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