THOMAS v. STATE

No. 5D10-3224.

91 So.3d 880 (2012)

Devore L. THOMAS, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fifth District.

June 15, 2012.


Attorney(s) appearing for the Case

James S. Purdy , Public Defender, and Robert E. Wildridge , Assistant Public Defender, Daytona Beach, for Appellant.

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


PALMER, J.

Devore Laron Thomas (defendant) appeals his conviction for aggravated battery. Determining that the trial court fundamentally erred by issuing a faulty jury instruction on attempted voluntary manslaughter, we reverse.

The defendant was charged with attempted first-degree murder. The matter proceeded to trial before a jury. During the jury charge, the trial court issued instructions on several lesser included offenses, including attempted voluntary...

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