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Burton v. State

Florida Court of Appeal, Fifth District

December 9, 2011

Taquarvis BURTON, Appellant,
v.
STATE of Florida, Appellee.

Appeal from the Circuit Court for Orange County, Marc L. Lubet, Judge.

James S. Purdy, Public Defender, and Rose M. Levering, Assistant Public Defender, Daytona Beach, for Appellant.

Taquarvis Burton, Jasper, pro se.

Pamela Jo Bondi, Attorney General, Tallahassee, and Carmen F. Corrente, Assistant Attorney General, Daytona Beach, for Appellee.

PER CURIAM.

We reverse Appellant's conviction for attempted second-degree murder and remand this cause for a new trial.

Page 1027

Burton v. State, ---So.3d ----, 2011 WL 1326258 (Fla. 5th DCA 2011); Lamb v. State, 18 So.3d 734 (Fla. 1st DCA 2009). We once again certify conflict with Williams v. State, 40 So.3d 72 (Fla. 4th DCA 2010), review granted, 64 So.3d 1262 (Fla.2011), and we withhold issuance of the mandate pending resolution of that conflict.

REVERSED and REMANDED.

SAWAYA, TORPY and LAWSON, JJ., ...


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