Kinnamon v. State

Full title: RICKY KINNAMON, APPELLANT, v. THE STATE OF FLORIDA, APPELLEE

Court: District Court of Appeal of Florida, Third District

Date published: Feb 25, 1992

593 So. 2d 334 (Fla. Dist. Ct. App. 1992)

Opinion

No. 91-1777.

February 25, 1992.

An Appeal from the Circuit Court for Monroe County; Richard Payne, Judge.

Bennett H. Brummer, Public Defender, and Harvey J. Sepler, Asst. Public Defender, for appellant.

Robert A. Butterworth, Atty. Gen., and Francine Thomas, Asst. Atty. Gen., for appellee.

Before JORGENSON, LEVY and GODERICH, JJ.

PER CURIAM.

Ricky Kinnamon appeals from a judgment of conviction for attempted manslaughter with a deadly weapon. Upon the State's proper confession that the trial court committed fundamental error by failing to instruct the jury correctly on the crime of attempted manslaughter, we reverse and remand for a new trial. See Rojas v. State, 552 So.2d 914 (Fla. 1989); Miller v. State, 561 So.2d 596 (Fla. 3d DCA), rev. denied, 574 So.2d 143 (Fla. 1990).

Reversed and remanded.