IN THE DISTRICT COURT OF APPEAL
FIRST DISTRICT, STATE OF FLORIDA
DARRELL THORNTON, NOT FINAL UNTIL TIME EXPIRES TO
FILE MOTION FOR REHEARING AND
Appellant, DISPOSITION THEREOF IF FILED
v. CASE NO. 1D10-2307
STATE OF FLORIDA,
Appellee.
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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.
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