CANNON v. STATE

No. 5D10-4368.

77 So.3d 684 (2011)

Gary Jamel CANNON, Jr., Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fifth District.

November 4, 2011.


Attorney(s) appearing for the Case

James S. Purdy , Public Defender, and Anne Moorman Reeves , Assistant Public Defender, Daytona Beach, for Appellant.

Pamela Jo Bondi , Attorney General, Tallahassee, and Carmen F. Corrente , Assistant Attorney General, Daytona Beach, for Appellee.


PER CURIAM.

Gary Jamel Cannon, Jr., appeals his conviction on the charge of attempted second-degree murder, with special jury findings that he actually possessed and discharged a firearm while committing the crime.1 His sole argument on appeal is that the jury instruction on the lesser included offense of attempted voluntary manslaughter constituted fundamental error. We agree and reverse, remanding for a new trial on the charge of attempted...

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