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543 So. 2d 418

543 So.2d 418

14 Fla.L.Weekly 1233

Lackner v. State

District Court of Appeal of Florida · decided 1989-05-18

Relies on Martin v. State

Decided 1989-05-18

COWART, Judge.

¶1Charged with premeditated first degree murder (§ 782.04(1)(a), Fla.Stat.), the defendant was not entitled to a jury instruction and verdict alternative for a lesser included offense of the non-homicide offense of aggravated battery (§ 784.045(1), Fla.Stat.). Martin v. State, 342 So.2d 501 (Fla.1977).

¶2Appellant’s other points on appeal are, likewise, without merit.

¶3AFFIRMED.

SHARP, C.J., and GOSHORN, J., concur.
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