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Morgan v. State

District Court of Appeal of Florida, Second District
May 7, 1997
693 So. 2d 95 (Fla. Dist. Ct. App. 1997)

Opinion

Case No. 95-04732

Opinion filed May 7, 1997.

Appeal from the Circuit Court for Sarasota County; Robert B. Bennett, Jr., Judge.

James Marion Moorman, Public Defender, and Jennifer Y. Fogle, Assistant Public Defender, Bartow, for Appellant.

Robert A. Butterworth, Attorney General, Tallahassee, and Angela D. McCravy, Assistant Attorney General, Tampa, for Appellee.


Edward Morgan appeals his judgment and sentence for attempted second-degree murder contending that the trial court committed reversible error in failing to instruct the jury on the lesser included offense of attempted manslaughter. Because under the facts of this case the state has correctly confessed error, we reverse and remand for a new trial. See, e.g., Holmes v. State, 642 So.2d 1387, 1388 (Fla. 2d DCA 1994).

Reversed and remanded for new trial.

PARKER, A.C.J., and LAZZARA and WHATLEY, JJ., Concur.


Summaries of

Morgan v. State

District Court of Appeal of Florida, Second District
May 7, 1997
693 So. 2d 95 (Fla. Dist. Ct. App. 1997)
Case details for

Morgan v. State

Case Details

Full title:EDWARD MORGAN, APPELLANT, v. STATE OF FLORIDA, APPELLEE

Court:District Court of Appeal of Florida, Second District

Date published: May 7, 1997

Citations

693 So. 2d 95 (Fla. Dist. Ct. App. 1997)