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JOHNSON v. STATE

No. 1D12-3748.

124 So.3d 421 (2013)

Michael D. JOHNSON, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, First District.

October 25, 2013.

Attorney(s) appearing for the Case

Nancy A. Daniels , Public Defender, Paula S. Saunders , Assistant Public Defender, Tallahassee, FL, for Appellant.

Pamela Jo Bondi , Attorney General, Trisha Meggs Pate , Bureau Chief, Criminal Appeals, Brittany Ann Rhodaback , Assistant Attorney General, Tallahassee, FL, for Appellee.

PER CURIAM.

Appellant, Michael D. Johnson, appeals his conviction and sentence for attempted second-degree murder. As properly conceded by the State, fundamental error occurred during the proceedings when the jury was read the attempted voluntary manslaughter by act instruction disapproved of in State v. Montgomery. 39 So.3d 252, 256 (Fla.2010) ("(Defendant) intentionally caused the death of (victim).") (quoting Fla. Std...

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