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Johnson v. State

District Court of Appeal of Florida, First District.
Oct 25, 2013
124 So. 3d 421 (Fla. Dist. Ct. App. 2013)

Opinion

No. 1D12–3748.

2013-10-25

Michael D. JOHNSON, Appellant, v. STATE of Florida, Appellee.

An appeal from the Circuit Court for Duval County. Tyrie W. Boyer, Judge. Nancy A. Daniels, Public Defender, Paula S. Saunders, Assistant Public Defender, Tallahassee, FL, for Appellant. Pamela Jo Bondi, Attorney General, Trisha Meggs Pate, Bureau Chief, Criminal Appeals, Brittany Ann Rhodaback, Assistant Attorney General, Tallahassee, FL, for Appellee.


An appeal from the Circuit Court for Duval County. Tyrie W. Boyer, Judge.
Nancy A. Daniels, Public Defender, Paula S. Saunders, Assistant Public Defender, Tallahassee, FL, for Appellant. Pamela Jo Bondi, Attorney General, Trisha Meggs Pate, Bureau Chief, Criminal Appeals, Brittany Ann Rhodaback, Assistant Attorney General, Tallahassee, FL, for Appellee.
PER CURIAM.

Appellant, Michael D. Johnson, appeals his conviction and sentence for attempted second-degree murder. As properly conceded by the State, fundamental error occurred during the proceedings when the jury was read the attempted voluntary manslaughter by act instruction disapproved of in State v. Montgomery, 39 So.3d 252, 256 (Fla.2010) (“(Defendant) intentionally caused the death of (victim).”) (quoting Fla. Std. Jury Instr. (Crim.) 7.7 (2006)). See also Williams v. State, 123 So.3d 23, (Fla.2013) (extending Montgomery to jury instruction on attempted voluntarymanslaughter by act). We therefore reverse Appellant's conviction and sentence for attempted second-degree murder and remand to the trial court for a new trial on that count. We affirm Appellant's remaining conviction and sentence for possession of a firearm by a convicted felon.

AFFIRMED in part, REVERSED in part and REMANDED.

VAN NORTWICK, CLARK, and OSTERHAUS, JJ., concur.


Summaries of

Johnson v. State

District Court of Appeal of Florida, First District.
Oct 25, 2013
124 So. 3d 421 (Fla. Dist. Ct. App. 2013)
Case details for

Johnson v. State

Case Details

Full title:Michael D. JOHNSON, Appellant, v. STATE of Florida, Appellee.

Court:District Court of Appeal of Florida, First District.

Date published: Oct 25, 2013

Citations

124 So. 3d 421 (Fla. Dist. Ct. App. 2013)