Davis v. State

• Decision Date: 14 September 2011
• Docket Number: No. 4D09–3260.,4D09–3260.
• Parties: Kawuan L. DAVIS, Appellant,v.STATE of Florida, Appellee.
• Court: Florida District Court of Appeals

69 So.3d 1021

Kawuan L. DAVIS, Appellant,

v.STATE of Florida, Appellee.

No. 4D09–3260.

District Court of Appeal of Florida, Fourth District.

Sept. 14, 2011.

OPINION TEXT STARTS HEREAppeal from the Circuit Court for the Fifteenth Judicial Circuit, Palm Beach County; Lucy Chernow Brown, Judge; L.T. Case No. 502008CF007861A.Philip J. Massa, Regional Counsel, and Randall Berman, Special Assistant Conflict Counsel, Office of Criminal Conflict and Civil Regional Counsel, West Palm Beach, for appellant.Pamela Jo Bondi, Attorney General, Tallahassee, and Daniel P. Hyndman, Assistant Attorney General, West Palm Beach, for appellee.GERBER, J.

After consideration of the three arguments which the defendant raises in this appeal, we affirm the defendant's convictions and sentence. We write to address only the defendant's argument that the trial court committed fundamental error in giving the standard jury instruction on attempted voluntary manslaughter which contains language regarding the defendant “commit [ing] an act which was intended to cause the death of” the victim. We affirm on that argument consistent with our opinion in Williams v. State, 40 So.3d 72 (Fla. 4th DCA 2010) (giving of the standard jury instruction on attempted voluntary 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), rev. granted, 64 So.3d 1262 (Fla.2011). We certify conflict with Houston v. State, ––– So.3d ––––, 2011 WL 3518029 (Fla. 2d DCA 2011); Burrows v. State, 62 So.3d 1258 (Fla. 3d DCA 2011); Burton v. State, ––– So.3d ––––, 2011 WL 1326258 (Fla. 5th DCA 2011); and Lamb v. State, 18 So.3d 734 (Fla. 1st DCA 2009).

Affirmed; conflict certified.

STEVENSON and TAYLOR, JJ., concur.