Cox v. State
| Decision Date | 14 November 2012 |
| Docket Number | No. 4D11–1393.,4D11–1393. |
| Citation | 127 So.3d 561 |
| Parties | Dennis COX, Appellant, v. STATE Of Florida, Appellee. |
| Court | Florida District Court of Appeals |
OPINION TEXT STARTS HERE
Carey Haughwout, Public Defender, and Jeffrey L. Anderson, Assistant Public Defender, West Palm Beach, for appellant.
Pamela Jo Bondi, Attorney General, Tallahassee, and Katherine Y. McIntire, Assistant Attorney General, West Palm Beach, for appellee.
The defendant appeals his conviction and sentence for robbery with a firearm and attempted second degree murder with a firearm. He raises four issues on appeal, none of which we find has merit. However, in his fourth issue, the defendant argues the trial court committed fundamental error in giving the standard jury instruction on attempted manslaughter. We disagree and affirm. See Williams v. State, 40 So.3d 72, 73 (Fla. 4th DCA 2010), rev. granted,64 So.3d 1262 (Fla.2011).
In Williams, we held that the giving of the standard jury instruction on attempted manslaughter was not fundamental error in a prosecution for attempted first degree murder in which the defendant was convicted of the lesser included offense of attempted second degree murder. All the other districts have held contrary to Williams. See Houston v. State, 87 So.3d 1, 4 (Fla. 2d DCA 2011); Burrows v. State, 62 So.3d 1258, 1259 (Fla. 3d DCA 2011); Lamb v. State, 18 So.3d 734, 735 (Fla. 1st DCA 2009); Burton v. State, 125 So.3d 788, at 789 (Fla. 5th DCA 2011).
The parties agree Williams is controlling in this district until our supreme court resolves the conflict. We affirm, but certify conflict with the other districts on this issue. See Coriolan v. State, 77 So.3d 840, 840 (Fla. 4th DCA 2012).
Affirmed. Conflict certified.
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Cox v. State, 4D11–1393.
...for appellee.On Remand from the Supreme CourtPER CURIAM. The supreme court having quashed this court's decision in Cox v. State, 127 So.3d 561 (Fla. 4th DCA 2012), we reverse appellant's conviction on the ground that the jury instruction for attempted voluntary manslaughter was fundamentall......
- Garard v. State, 4D11–2212.