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CASTOR v. STATE

No. EE-91.

351 So.2d 375 (1977)

Charles CASTOR, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, First District.

October 28, 1977.

Attorney(s) appearing for the Case

Michael J. Minerva, Public Defender, Tallahassee, for appellant.

Robert L. Shevin, Atty. Gen., and Wallace E. Allbritton, Asst. Atty. Gen., Tallahassee, for appellee.

SMITH, Judge.

A conviction for murder in the third degree. Defense counsel did not clearly request that the jury be recharged on excusable and justifiable homicide when the court recharged the jury on the degrees of murder and manslaughter. Hedges v. State, 172 So.2d 824 (Fla. 1965) is therefore inapplicable. The sentencing judge, who was not the trial judge, acted within his authority under Fla.R.Crim.P. 3.700(c) by taking...

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