Cox v. State

Full title: DENNIS COX, Appellant, v. STATE OF FLORIDA, Appellee.

Court: DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FOURTH DISTRICT

Date published: Feb 26, 2014

No. 4D11-1393 (Fla. Dist. Ct. App. Feb. 26, 2014)

Opinion

No. 4D11-1393

02-26-2014

DENNIS COX, Appellant, v. STATE OF FLORIDA, Appellee.

Carey Haughwout, Public Defender, and Jeffrey L. Anderson, Assistant Public Defender, West Palm Beach, for appellant. Pamela Jo Bondi, Attorney General, Tallahassee, and Katherine Y. McIntire, Assistant Attorney General, West Palm Beach, for appellee.

PER CURIAM

ON REMAND FROM THE SUPREME COURT

PER CURIAM.

The supreme court having quashed this court's decision in Cox v. State, 127 So. 3d 561 (Fla. 4th DCA 2012), we reverse appellant's conviction on the ground that the jury instruction for attempted voluntary manslaughter was fundamentally erroneous under Williams v. State, 123 So. 3d 23 (Fla. 2013).

Reversed and remanded for a new trial. DAMOORGIAN, C.J., TAYLOR and MAY, JJ., concur.

Appeal from the Circuit Court for the Seventeenth Judicial Circuit, Broward County; Paul L. Backman, Judge; L.T. Case No. 05-17017 CF10B.

Carey Haughwout, Public Defender, and Jeffrey L. Anderson, Assistant Public Defender, West Palm Beach, for appellant.

Pamela Jo Bondi, Attorney General, Tallahassee, and Katherine Y. McIntire, Assistant Attorney General, West Palm Beach, for appellee.