TAQUARVIS BURTON v. STATE OF FLORIDA (2011)

District Court of Appeal of Florida, Fifth District.

TAQUARVIS BURTON, Appellant, v. STATE OF FLORIDA, Appellee.

Case No. 5D10–3039

Decided: December 09, 2011

James S. Purdy, Public Defender, and Rose M. Levering, Assistant Public Defender, Daytona Beach, for Appellant. Taquarvis Burton, Jasper, pro se. Pamela Jo Bondi, Attorney General, Tallahassee, and Carmen F. Corrente, Assistant Attorney General, Daytona Beach, for Appellee.

We reverse Appellant's conviction for attempted second-degree murder and remand this cause for a new trial. Burton v. State, 36 Fla. L. Weekly D738 (Fla. 5th DCA April 8, 2011); Lamb v. State, 18 So.3d 734 (Fla. 1st DCA 2009). We once again certify conflict with Williams v. State, 40 So.3d 72 (Fla. 4th DCA 2010), review granted, 64 So.3d 1262 (Fla.2011), and we withhold issuance of the mandate pending resolution of that conflict.

REVERSED and REMANDED.

SAWAYA, TORPY and LAWSON, JJ., concur.

PER CURIAM.

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