Taquarvis Burton v. State

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IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FIFTH DISTRICT JULY TERM 2011 TAQUARVIS BURTON, Appellant, v. Case No. 5D10-3039 STATE OF FLORIDA, Appellee. ________________________________/ Opinion filed December 9, 2011 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. Burton v. State, 36 Fla. L. Weekly D738 (Fla. 5th DCA April 8, 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., concur. 2

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