5D10-1525 Vandarius Roundtree v. State

State: Florida

Court: Florida Fifth District Court

Docket No: 5D10-1525

Case Date: 01/09/2012

Preview:IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FIFTH DISTRICT JANUARY TERM 2012

VANDARIUS ROUNDTREE, Appellant, v. STATE OF FLORIDA, Appellee. ________________________________/ Opinion filed January 13, 2012 Appeal from the Circuit Court for Orange County, Alan S. Apte, Judge. James S. Purdy, Public Defender, and David S. Morgan, Assistant Public Defender, Daytona Beach, for Appellant. Pamela Jo Bondi, Attorney General, Tallahassee, and Ann M. Phillips, Assistant Attorney General, Daytona Beach, for Appellee. TORPY, J. We reverse Appellant's conviction for attempted second-degree murder because the jury charge on the lesser-included offense of attempted voluntary manslaughter was fundamentally erroneous. Cannon v. State, 36 Fla. L. Weekly D2410 (Fla. 5th DCA Nov. 4, 2011); Willis v. State, 70 So. 3d 739 (Fla. 5th DCA 2011); Burton v. State, 36 Fla. L. Weekly D738 (Fla. 5th DCA Apr. 8, 2011). We once again express conflict with Case No. 5D10-1525

our sister court in Williams v. State, 40 So. 3d 72 (Fla. 4th DCA 2010), review granted, 64 So. 3d 1262 (Fla. 2011). The convictions and judgments on all other counts are affirmed. AFFIRMED IN PART; REVERSED IN PART; and REMANDED. SAWAYA and MONACO, JJ., concur.

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