Zollie Reddick v. State

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IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FIFTH DISTRICT JANUARY TERM 2013 NOT FINAL UNTIL TIME EXPIRES TO FILE MOTION FOR REHEARING AND DISPOSITION THEREOF IF FILED ZOLLIE LEE REDDICK, JR., Appellant, v. Case No. 5D11-1519 STATE OF FLORIDA, Appellee. ________________________________/ Decision filed May 3, 2013 Appeal from the Circuit Court for Orange County, John H. Adams, Sr., Judge. James S. Purdy, Public Defender, and Ailene S. Rogers, Assistant Public Defender, Daytona Beach, for Appellant. Pamela Jo Bondi, Attorney General, Tallahassee, and Carmen F. Corrente, Assistant Attorney General, Daytona Beach, for Appellee. PER CURIAM. Following a jury trial, Zollie Reddick, Jr., was convicted of attempted seconddegree murder and aggravated battery with a deadly weapon. We are compelled to reverse the attempted second-degree murder conviction because the jury instruction on the lesser offense of attempted voluntary manslaughter was fundamentally erroneous. See Williams v. State, 38 Fla. L. Weekly S99 (Fla. Feb. 14, 2013); see also Sims v. State, 94 So. 3d 664 (Fla. 5th DCA 2012). We affirm Reddick s conviction for aggravated battery with a deadly weapon. AFFIRMED, in part; REVERSED, in part; REMANDED. LAWSON, EVANDER and COHEN, JJ., concur. 2

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