MICHAEL JAMES DRAKE STEWART, v. STATE OF FLORIDA

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IN THE DISTRICT COURT OF APPEAL FIRST DISTRICT, STATE OF FLORIDA MICHAEL JAMES DRAKE STEWART, NOT FINAL UNTIL TIME EXPIRES TO FILE MOTION FOR REHEARING AND DISPOSITION THEREOF IF FILED Appellant, CASE NO. 1D11-2882 v. STATE OF FLORIDA, Appellee. _____________________________/ Opinion filed December 13, 2012. An appeal from the Circuit Court for Escambia County. Nickolas P. Geeker, Judge. Michael Ufferman of Michael Ufferman Law Firm, P.A., Tallahassee, for Appellant. Pamela Jo Bondi, Attorney General, and Trisha Meggs Pate, Assistant Attorney General, Tallahassee, for Appellee. PER CURIAM. Michael James Drake Stewart, Appellant, challenges his conviction and sentence for attempted voluntary manslaughter. Appellant presents five issues on appeal. We affirm as to four of those issues without further discussion. We affirm as to the remaining issue based on the authority of Moore v. State, 78 So. 3d 118, 118 (Fla. 1st DCA 2012) (rejecting the appellant s claim that attempted voluntary manslaughter by act is no longer a cognizable offense in Florida). AFFIRMED. LEWIS, WETHERELL, and MAKAR, JJ., CONCUR. 2

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