Morgan v. State

Full title: Kevin MORGAN, Appellant, v. STATE of Florida, Appellee.

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

Date published: Feb 19, 2014

132 So. 3d 930 (Fla. Dist. Ct. App. 2014)

Opinion

No. 4D08–2983.

2014-02-19

Kevin MORGAN, Appellant, v. STATE of Florida, Appellee.

Appeal from the Circuit Court for the Seventeenth Judicial Circuit, Broward County; Mily Rodriguez–Powell, Judge; L.T. Case No. 06–3502 CF10A. Carey Haughwout, Public Defender, and John M. Conway, Assistant Public Defender, West Palm Beach, for appellant. Pamela Jo Bondi, Attorney General, Tallahassee, and Don M. Rogers, Assistant Attorney General, West Palm Beach, for appellee.

PER CURIAM.

Appeal from the Circuit Court for the Seventeenth Judicial Circuit, Broward County; Mily Rodriguez–Powell, Judge; L.T. Case No. 06–3502 CF10A.
Carey Haughwout, Public Defender, and John M. Conway, Assistant Public Defender, West Palm Beach, for appellant. Pamela Jo Bondi, Attorney General, Tallahassee, and Don M. Rogers, Assistant Attorney General, West Palm Beach, for appellee.
PER CURIAM.

The supreme court having quashed this court's decision in Morgan v. State, 42 So.3d 862 (Fla. 4th DCA 2010), we reverse appellant's conviction on the ground that the jury instruction for attempted voluntary manslaughter was fundamentally erroneousunder Williams v. State, 123 So.3d 23 (Fla.2013).

Reversed and remanded for a new trial. WARNER, TAYLOR and MAY, JJ., concur.