RENE RODRIGUEZ v. STATE OF FLORIDA (2014)

District Court of Appeal of Florida, Fourth District.

RENE RODRIGUEZ, Appellant, v. STATE OF FLORIDA, Appellee.

No. 4D09–556

Decided: June 04, 2014

Carey Haughwout, Public Defender, and Gary Lee Caldwell, Assistant Public Defender, West Palm Beach, for appellant.

Pamela Jo Bondi, Attorney General, Tallahassee, and Heidi Bettendorf, Assistant Attorney General, West Palm Beach, for appellee.

ON REMAND FROM THE SUPREME COURT

The Supreme Court quashed the decision in this case and remanded for further proceedings consistent with its decision in Williams v. State, 123 So.3d 23 (Fla.2013). Appellant was convicted of attempted second degree murder and other crimes. As in Williams, the circuit court committed fundamental error by giving a faulty instruction on attempted manslaughter. Appellant's attempted second degree murder conviction was one step removed from attempted manslaughter. Id. at 24. Based on Williams, we reverse appellant's convictions and remand for a new trial.

Gross, Ciklin and Forst, JJ., concur.

* * *

Per Curiam.

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