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EBRON v. STATE

No. 1D12-3612.

134 So.3d 481 (2013)

Marcus Darnell EBRON, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, First District.

November 20, 2013.

Attorney(s) appearing for the Case

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

Pamela Jo Bondi , Attorney General, Meredith Clark Hinshelwood , Assistant Attorney General, Tallahassee, for Appellee.

OSTERHAUS, J.

In this direct criminal appeal, Appellant raises two points challenging his judgment and sentence for attempted voluntary manslaughter by act. Appellant's arguments are both premised on the jury having been erroneously instructed on the "intent to kill" element disapproved of in State v. Montgomery, 39 So.3d 252 (Fla. 2010), and extended to attempted voluntary manslaughter by act in Williams v. State,

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