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ACHIN v. STATE

No. 79-1060.

387 So.2d 375 (1980)

Stephen C. ACHIN, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fourth District.

Rehearing Denied September 24, 1980.

Attorney(s) appearing for the Case

Steve Lange of Sandstrom & Haddad, Fort Lauderdale, for appellant.

Jim Smith, Atty. Gen., Tallahassee, and Joy B. Shearer, Asst. Atty. Gen., West Palm Beach, for appellee.

LETTS, Chief Judge.

The defendant invited a lesser included offense instruction of attempted extortion. Upon conviction thereof he now claims that he must go free because such a crime does not exist. We affirm.

We begin by agreeing that the crime of attempted extortion does not exist. Section 836.05 of the Florida Statutes (1977) reads:

836.05 Threats; extortion. — Whoever, either verbally or by a written or printed communication, maliciously...

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