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PEREZ v. STATE

No. 3D12-2038.

137 So.3d 1121 (2014)

Nilo Morales PEREZ, Appellant, v. The STATE of Florida, Appellee.

District Court of Appeal of Florida, Third District.

March 26, 2014.

Attorney(s) appearing for the Case

Carlos J. Martinez , Public Defender, and Kathryn J. Strobach , Assistant Public Defender, for appellant.

Pamela Jo Bondi , Attorney General, and Jay E. Silver , Assistant Attorney General, for appellee.

Before SHEPHERD, C.J., and WELLS and SCALES, JJ.

SCALES, J.

Nilo Morales Perez challenges his conviction for attempted second-degree murder with a deadly weapon, arguing that he is entitled to a new trial. Perez correctly contends that, pursuant to Williams v. State, 123 So.3d 23 (Fla.2013), it was fundamental error for the trial court to give the then-standard jury instruction for attempted manslaughter by act, which required proof that he intended to kill the victim....

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