Opinion
No. 4D10–1084.
2013-08-28
Grady WILLIAMS, Jr., Appellant, v. STATE of Florida, Appellee.
Appeal from the Circuit Court for the Fifteenth Judicial Circuit, Palm Beach County; Joseph Marx, Judge; L.T. Case No. 2008CF015726AXX. Carey Haughwout, Public Defender, and John Pauly, Assistant Public Defender, West Palm Beach, for appellant. Pamela Jo Bondi, Attorney General, Tallahassee, and Helene C. Hvizd, Assistant Attorney General, West Palm Beach, for appellee.
Appeal from the Circuit Court for the Fifteenth Judicial Circuit, Palm Beach County; Joseph Marx, Judge; L.T. Case No. 2008CF015726AXX.
Carey Haughwout, Public Defender, and John Pauly, Assistant Public Defender, West Palm Beach, for appellant. Pamela Jo Bondi, Attorney General, Tallahassee, and Helene C. Hvizd, Assistant Attorney General, West Palm Beach, for appellee.
PER CURIAM.
In an opinion rendered June 8, 2011, we affirmed Appellant's convictions but withheld issuance of the mandate pending the Florida Supreme Court's decision in Williams v. State, 123 So.3d 23 (Fla.2013). In light of the Court's decision in Williams, we grant Appellant's motion to withdraw the previously issued opinion and we substitute the following.
Under the Florida Supreme Court's recent decision in Williams, the trial court committed fundamental error by delivering the standard jury instruction for attempted manslaughter by act. Accordingly, we reverse and remand Appellant's conviction for second-degree murder with a firearm.
Reversed and remanded for a new trial.