Michael Tramel, Appellant, v. State of Florida, Appellee.

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Michael Tramel, Appellant, v. State of Florida, Appellee.

CASE NO. 1D13–2285

Decided: February 16, 2017

Andy Thomas, Public Defender, and Courtenay H. Miller, Assistant Public Defender, Tallahassee, for Appellant. Pamela Jo Bondi, Attorney General, and Lauren L. Gonzalez, Assistant Attorney General, Tallahassee, for Appellee.

ON REMAND FROM THE FLORIDA SUPREME COURT

We originally reversed Tramel's conviction for attempted second-degree murder and aggravated battery with a deadly weapon and remanded for a new trial based on this court's decision in Floyd v. State, 151 So.3d 452 (Fla. 1st DCA 2014). However, the Florida Supreme Court quashed our original opinion in this case and remanded for reconsideration upon application of its decision in State v. Floyd, 186 So.3d 1013 (Fla. 2016). Based on that decision, we reject Tramel's argument that the jury instructions regarding the duty to retreat were fundamentally erroneous. We also affirm as to the other issues raised by Tramel. However, our affirmance is without prejudice to Tramel's right to seek postconviction relief. See Grimsley v. State, 939 So.2d 123 (Fla. 2d DCA 2006).

AFFIRMED.

PER CURIAM.

ROBERTS, C.J., JAY and M.K. THOMAS, JJ., CONCUR.

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