02-1356 MIMS V. STATE

State: Florida

Court: Florida Southern District Court

Docket No: 3d02-1356

Case Date: 08/13/2003

Plaintiff: 02-1356 MIMS

Defendant: STATE

Preview:NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING MOTION AND, IF FILED, DISPOSED OF.
IN THE DISTRICT COURT OF APPEAL OF FLORIDA THIRD DISTRICT JULY TERM, A.D., 2003
GEORGE MIMS,  **
Appellant,  **
vs.  **  CASE NO. 3D02-1356

THE STATE OF FLORIDA, ** LOWER TRIBUNAL NO. 01-22300 Appellee. **
Opinion filed August 13, 2003.
An Appeal from the Circuit Court for Miami-Dade County,Roberto M. Pineiro, Judge.
Bennett H. Brummer, Public Defender, and Lisa Walsh,Assistant Public Defender, for appellant.
Charles J. Crist, Jr., Attorney General, and Barbara A.Zappi, Assistant Attorney General, for appellee.
Before GERSTEN, GODERICH and SHEVIN, JJ.
PER CURIAM.
George Mims appeals a judgment and sentence for attempted manslaughter with a firearm. The trial court committed fundamental error when it gave an erroneous jury instruction to the jury. See Thompson v. State, 814 So. 2d 1103 (Fla. 4th DCA 2002); King v. State, 800 So. 2d 734 (Fla. 5th DCA 2001). Accordingly, we vacate the sentence and reverse and remand for a new trial.
Reversed and remanded for a new trial.
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