Ebron v. State

In this direct criminal appeal, Appellant raises two points challenging his judgment and sentence for attempted voluntary manslaughter by act. Appellant’s arguments are both premised on the jury having been erroneously instructed on the “intent to kill” element disapproved of in State v. Montgomery, 39 So.3d 252 (Fla. 2010), and extended to attempted voluntary manslaughter by act in Williams v. State, 123 So.3d 23 (Fla.2013). We affirm for the reasons discussed below.

I

Appellant was charged by amended information with attempted second-degree murder while wearing a hood or mask. The information…