Deravil v. State

CASANUEVA, Judge.

Derick Deravil, in the sole ground in his petition filed pursuant to Florida Rule of Appellate Procedure 9.141(d), contends that the instruction provided to the jury for attempted manslaughter by act, also known as attempted voluntary manslaughter, constituted fundamental error. We agree, reverse Deravil’s conviction for attempted second-degree murder with a weapon, vacate the sentence, and remand for a new trial.

This case is controlled by our decisions in Betts v. State, 100 So.3d 78, 2011 WL 6058312 (Fla. 2d DCA 2011), and Banek v. State, 75 So.3d 762 (Fla. 2d DCA 2011).…