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MARTINEZ v. STATE

No. 76-753.

346 So.2d 1209 (1977)

Victor Manuel MARTINEZ, Appellant, v. The STATE of Florida, Appellee.

District Court of Appeal of Florida, Third District.

Rehearing Denied June 17, 1977.

Attorney(s) appearing for the Case

Thomas F. Almon, Miami, for appellant.

Robert L. Shevin, Atty. Gen., and Linda Collins Hertz, Asst. Atty. Gen., for appellee.

Before PEARSON, HAVERFIELD and HUBBART, JJ.

PER CURIAM.

Victor Manuel Martinez appeals a second degree murder conviction.

Appellant first contends the trial court committed reversible error by including in the instructions to the jury a charge on flight on the ground that the evidence did not afford a basis for the charge. Specifically, appellant argues that the evidence demonstrated that he left the scene of the crime to take his wounded child to the hospital...

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