LUGONES v. STATE

No. 3D13-1100.

147 So.3d 1081 (2014)

Abel LUGONES, Appellant, v. The STATE of Florida, Appellee.

District Court of Appeal of Florida, Third District.

October 1, 2014.


Attorney(s) appearing for the Case

Carlos J. Martinez , Public Defender, and Jonathan Greenberg , Assistant Public Defender, for appellant.

Pamela Jo Bondi , Attorney General, and Jeffrey R. Geldens , Assistant Attorney General, for appellee.

Before ROTHENBERG, LOGUE, and SCALES, JJ.


LOGUE, J.

Abel Lugones appeals from a conviction and sentence for aggravated battery with a deadly weapon. He asserts that the trial court erred in giving the then-current standard jury instruction on attempted manslaughter, which included an element of intent to kill, where he was ultimately convicted of an offense not more than one step removed from the attempted manslaughter charge. We agree and reverse.

FACTS AND PROCEDURAL HISTORY

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