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HILL v. STATE

No. 2D09-2788.

124 So.3d 296 (2013)

Jacquaile HILL, a/k/a Jacquiale M. Hill, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Second District.

September 20, 2013.

Attorney(s) appearing for the Case

Howard L. Dimmig, II , Public Defender, and Karen M. Kinney , Assistant Public Defender, Bartow, for Appellant.

Pamela Jo Bondi , Attorney General, Tallahassee, and Helene S. Parnes , Assistant Attorney General, Tampa, for Appellee.

WALLACE, Judge.

Jacquaile Hill appeals his judgment and sentence for attempted second-degree murder. Because the trial court gave an erroneous jury instruction on the lesser-included offense of attempted manslaughter by act, which is one step removed from attempted second-degree murder, we reverse Mr. Hill's judgment and sentence and remand for a new trial.

I. THE FACTS AND PROCEDURAL BACKGROUND

The State charged Mr. Hill with attempted first-degree...

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