Reddick v. State

Full title: Zollie Lee REDDICK, Jr., Appellant, v. STATE of Florida, Appellee.

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

Date published: May 3, 2013

112 So. 3d 127 (Fla. Dist. Ct. App. 2013)

Opinion

No. 5D11–1519.

2013-05-3

Zollie Lee REDDICK, Jr., Appellant, v. STATE of Florida, Appellee.

Appeal from the Circuit Court for Orange County, John H. Adams, Sr., Judge. James S. Purdy, Public Defender, and Ailene S. Rogers, Assistant Public Defender, Daytona Beach, for Appellant. Pamela Jo Bondi, Attorney General, Tallahassee, and Carmen F. Corrente, Assistant Attorney General, Daytona Beach, for Appellee.

PER CURIAM.

Appeal from the Circuit Court for Orange County, John H. Adams, Sr., Judge.
James S. Purdy, Public Defender, and Ailene S. Rogers, Assistant Public Defender, Daytona Beach, for Appellant. Pamela Jo Bondi, Attorney General, Tallahassee, and Carmen F. Corrente, Assistant Attorney General, Daytona Beach, for Appellee.
PER CURIAM.

Following a jury trial, Zollie Reddick, Jr., was convicted of attempted second-degree murder and aggravated battery with a deadly weapon.

We are compelled to reverse the attempted second-degree murder conviction because the jury instruction on the lesser offense of attempted voluntary manslaughterwas fundamentally erroneous. See Williams v. State, ––– So.3d –––– (Fla. 2013); see also Sims v. State, 94 So.3d 664 (Fla. 5th DCA 2012). We affirm Reddick's conviction for aggravated battery with a deadly weapon.

AFFIRMED, in part; REVERSED, in part; REMANDED.

LAWSON, EVANDER and COHEN, JJ., concur.