Darrell Thornton vs State of Florida

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IN THE DISTRICT COURT OF APPEAL FIRST DISTRICT, STATE OF FLORIDA DARRELL THORNTON, Appellant, v. NOT FINAL UNTIL TIME EXPIRES TO FILE MOTION FOR REHEARING AND DISPOSITION THEREOF IF FILED CASE NO. 1D10-2307 STATE OF FLORIDA, Appellee. _____________________________/ Opinion filed September 10, 2014. An appeal from the Circuit Court for Clay County. John H. Skinner, Judge. Steven Brian Whittington of Whittington & Culbert, P.A., Green Cove Springs, for Appellant. Pamela Jo Bondi, Attorney General, and Donna A. Gerace, Assistant Attorney General, Tallahassee, for Appellee. PER CURIAM. Darrell Thornton appeals his convictions and sentences for attempted second-degree murder, battery, robbery with a deadly weapon, carjacking, and second-degree arson. As the State properly concedes, fundamental error in the conviction for attempted second-degree murder occurred when the court instructed the jury that an element of the lesser-included offense of attempted manslaughter by act is the commission of “an act which was intended to cause the death of” the victim. Williams v. State, 123 So. 3d 23 (Fla. 2013). Consequently, we reverse the conviction and sentence for attempted second-degree murder and remand for a new trial on that count. We otherwise affirm. AFFIRMED in part; REVERSED in part; and REMANDED. THOMAS, RAY, and OSTERHAUS, JJ., CONCUR. 2

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