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Francis v. State

Florida Court of Appeal, Third District

December 28, 2011

Davon FRANCIS, Appellant,
v.
The STATE of Florida, Appellee.

An Appeal from the Circuit Court for Miami-Dade County, Julio E. Jimenez, Judge.

Carlos J. Martinez, Public Defender, and Leslie Scalley, Assistant Public Defender, for appellant.

Bill McCollum, Attorney General, and Linda S. Katz, Assistant Attorney General, for appellee.

Before CORTIÑ AS, ROTHENBERG and SALTER, JJ.

On Remand From the Supreme Court of Florida

PER CURIAM.

We reconsider on remand our opinion in Francis v. State, 22 So.3d 788 (Fla. 3d DCA 2009), which was quashed by the Florida Supreme Court in Francis v. State, 75 So.3d 237 (Fla.2011). We withheld issuance of our mandate pending Supreme Court review. Therefore, pursuant to the Supreme Court mandate, this Court's opinion of November 18, 2009, is hereby withdrawn and we substitute the following in its place.

In 2007, Davon Francis was convicted of multiple charges, including three counts of attempted second-degree murder. Because the trial court in instructing the jury gave an erroneous jury instruction on the lesser included offense of attempted voluntary manslaughter, Montgomery v. State,70 So.3d 603 (Fla. 1st DCA 2009), we reverse ...


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