Legal Opinion · Concurring in part, dissenting in part

Avindra Budhan v. State

District Court of Appeal of Florida

Decided November 10, 2016No. 5D15-1293Published

1Concurring in part, dissenting in partCohen, J.

I concur in the majority’s decision to reverse Budhan’s convictions for attempted manslaughter. The trial court’s failure to read the “introduction to attempted homicide” instruction and its omission of the definitions of “attempted homicide” or “excusable attempted homicide” compel reversal. I also agree that a sentencing *556error occurred on both the aggravated battery and aggravated assault charges.

However, I would reverse the aggravated battery and aggravated assault convictions as well, based upon a series of improper comments made by the State during its closing argument. Most egregiously,…

2Cases cited3 opinions

  1. Servis v. StateDistrict Court of Appeal of Florida · 2003
  2. Crew v. StateDistrict Court of Appeal of Florida · 2014
  3. Terrazas v. StateDistrict Court of Appeal of Florida · 1997

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