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SIMS v. STATE

No. 5D11-3958.

94 So.3d 664 (2012)

Tyrone SIMS, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fifth District.

August 10, 2012.

Attorney(s) appearing for the Case

James S. Purdy , Public Defender, and Michael S. Becker , Assistant Public Defender, and Nora Hall , Certified Legal Intern, Daytona Beach, for Appellant.

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

PER CURIAM.

Following a jury trial, Tyrone Sims was convicted of attempted second-degree murder, robbery with a firearm, aggravated battery with a firearm, and possession of a firearm by a convicted felon. We affirm each of the convictions with the exception of attempted second-degree murder. The jury instruction on the lesser offense of attempted voluntary manslaughter was erroneous and, under State v. Montgomery,

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