43 So. 3d 823

Lamonte HERRING, Appellant, v. STATE of Florida, Appellee.

No. 1D09-0585.

District Court of Appeal of Florida, First District.

Aug. 25, 2010.

James C. Banks of Banks & Morris, P.A., Tallahassee, for Appellant.

Bill McCollum, Attorney General, and Giselle Denise Lylen, Assistant Attorney General, Tallahassee, for Appellee.

*824PER CURIAM.

Lamonte Herring appeals his conviction and sentence for attempted second degree murder on several grounds. We find fundamental error and reverse under State v. Montgomery, 39 So.3d 252 (Fla.2010), and Rushing v. State, — So.3d —, 35 Fla. L. Weekly D1376 (Fla. 1st DCA June 21, 2010), because the trial court gave the standard jury instruction on the lesser included offense of attempted voluntary manslaughter which erroneously includes intent to kill as an element of the crime.

REVERSED and REMANDED.

THOMAS, ROBERTS, and MARSTILLER, JJ., concur.

Herring v. State
43 So. 3d 823

Case Details

Name
Herring v. State
Decision Date
Aug 25, 2010
Citations

43 So. 3d 823

Jurisdiction
Florida

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