146 So. 3d 169

Lisa Gail MULLIS, Appellant, v. STATE of Florida, Appellee.

No. 1D10-2234.

District Court of Appeal of Florida, First District.

Sept. 10, 2014.

Nancy A. Daniels, Public Defender, and Diana L. Johnson and Glen P. Gifford, Assistant Public Defenders, Tallahassee, for Appellant.

Pamela Jo Bondi, Attorney General, and Giselle D. Lylen, Assistant Attorney General, Tallahassee, for Appellee.

PER CURIAM.

Lisa Gail Mullís appeals her convictions and sentences for attempted second-degree murder, kidnapping, robbery with a deadly weapon, carjacking, and second-degree arson. Fundamental error in the conviction for attempted second-degree murder occurred when the court instructed the jury that an element of the lesser-included offense of attempted manslaughter by act is the commission of “an act which was intended to cause the death of’ the victim. Williams v. State, 128 So.3d 23 (Fla.2013). Consequently, we reverse the conviction and sentence for attempted second-degree murder and remand for a new trial on that count. We otherwise affirm.

*170AFFIRMED in part; REVERSED in part; and REMANDED.

THOMAS, RAY, and OSTERHAUS, JJ., concur.

Mullis v. State
146 So. 3d 169

Case Details

Name
Mullis v. State
Decision Date
Sep 10, 2014
Citations

146 So. 3d 169

Jurisdiction
Florida

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