Cannon v. State

Gary Jamel Cannon, Jr., appeals his conviction on the charge of attempted second-degree murder, with special jury findings that he actually possessed and discharged a firearm while committing the crime. 1 His sole argument on appeal is that the jury instruction on the lesser included offense of attempted voluntary manslaughter constituted fundamental error. We agree and reverse, remanding for a new trial on the charge of attempted second-degree murder. See Burton v. State, — So.3d - (Fla. 5th DCA 2011). As in Burton, we certify that this decision expressly and directly conflicts with the…