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WILLIS v. STATE

No. 5D10-3311.

70 So.3d 739 (2011)

Arizona WILLIS, III Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fifth District.

September 23, 2011.

Attorney(s) appearing for the Case

James S. Purdy , Public Defender, and Rose M. Levering , Assistant Public Defender, Daytona Beach, for Appellant.

Pamela Jo Bondi , Attorney General, Tallahassee, and Bonnie Jean Parrish , Assistant Attorney General, Daytona Beach, for Appellee.

COHEN, J.

Arizona Willis, III, Appellant, was convicted of attempted second-degree murder and robbery with a deadly weapon.1 His sole argument on appeal is that the jury instruction on the lesser included offense of voluntary manslaughter constituted fundamental error, entitling him to a new trial on the charge of attempted second-degree murder. We agree and reverse.

At trial, the evidence...

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