WARE V. STATE

State: Florida

Court: Florida Southern District Court

Docket No: 3D11-2430

Case Date: 03/06/2013

Plaintiff: WARE

Defendant: STATE

Preview:Third District Court of Appeal

State of Florida, January Term, A.D. 2013
Opinion filed March 6, 2013.
Not final until disposition of timely filed motion for rehearing.

No. 3D11-2430
Lower Tribunal No. 10-25922

Emanuel Ware,
Appellant,
vs.

The State of Florida,
Appellee.
An Appeal from the Circuit Court for Miami-Dade County, Diane V. Ward, Judge.
Carlos J. Martinez, Public Defender, and Daniel Tibbitt, Assistant Public Defender, for appellant.
Pamela Jo Bondi, Attorney General, and Michael W. Mervine, Assistant Attorney General, for appellee.
Before SUAREZ, EMAS and FERNANDEZ, JJ.
EMAS, J.
Emmanuel Ware was charged with attempted first-degree murder of Dion
Akeem Maycock.  Following a jury trial, he was convicted of attempted second
degree murder. Ware appeals his conviction, contending that the trial court
committed fundamental error in instructing the jury on the crime of attempted
voluntary manslaughter. We affirm.
On appeal, Ware does not contend that the trial court

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