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Lamb v. State

District Court of Appeal of Florida, First District
Oct 14, 2009
18 So. 3d 734 (Fla. Dist. Ct. App. 2009)
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Summary

holding that the trial court committed fundamental error by giving the standard jury instruction for attempted manslaughter by act

Summary of this case from Griffin v. State
See 5 Summaries

Opinion

No. 1D08-4274.

October 14, 2009.

An appeal from the Circuit Court for Suwannee County. David W. Fina, Judge.

Nancy A. Daniels, Public Defender, and Barbara J. Busharis, Assistant Public Defender, Tallahassee, for Appellant.

Bill McCollum, Attorney General, and Giselle Denise Lylen, Assistant Attorney General, Tallahassee, for Appellee.

PER CURIAM.

Following this court's recent decision in Montgomery v. State, ___ So.3d ___, 2009 WL 350624 (Fla. 1st DCA 2009), rev. granted State v. Montgomery, 11 So.3d 943 (Fla. 2009), the trial court committed fundamental error by giving the standard jury instruction for attempted manslaughter by act, which adds the additional element that the defendant "committed an act intended to cause the death" of the victim when attempted manslaughter by act requires only an intentional unlawful act.

REVERSED and REMANDED.

BARFIELD, KAHN, and VAN NORTWICK, JJ., concur.

Summaries of

Lamb v. State

District Court of Appeal of Florida, First District
Oct 14, 2009
18 So. 3d 734 (Fla. Dist. Ct. App. 2009)

holding that the trial court committed fundamental error by giving the standard jury instruction for attempted manslaughter by act

Summary of this case from Griffin v. State

In Lamb, we held that an instruction including intent to kill was erroneous also as to attempted manslaughter by act. 18 So.3d at 735.

Summary of this case from Knight v. State

In Lamb, we held that an instruction including intent to kill was erroneous also as to attempted manslaughter by act. 18 So. 3d at 735.

Summary of this case from Knight v. State

In Lamb, we held that it is fundamental error to give the standard jury instruction for attempted manslaughter by act because that instruction “adds the additional element that the defendant ‘committed an act intended to cause the death’ of the victim when attempted manslaughter by act requires only an intentional unlawful act.” Id.; see also Minnich v. State, –––So.3d ––––, 2011 WL 265765 (Fla. 1st DCA 2011); Rushing v. State, –––So.3d ––––, 2010 WL 2471903 (Fla. 1st DCA 2010); but see Williams v. State, 40 So.3d 72 (Fla. 4th DCA 2010), rev. pending, 64 So.3d 1262 (Fla.2011).

Summary of this case from Thompson v. State

In Lamb v. State, 18 So. 3d 734 (Fla. 1st DCA 2009), the First District, citing Montgomery, answered this question in the affirmative.

Summary of this case from Burton v. State
Case details for

Lamb v. State

Case Details

Full title:Henry LAMB, Appellant, v. STATE of Florida, Appellee

Court:District Court of Appeal of Florida, First District

Date published: Oct 14, 2009

Citations

18 So. 3d 734 (Fla. Dist. Ct. App. 2009)

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