RUSHTON v. STATE

No. 80-110.

395 So.2d 610 (1981)

James RUSHTON, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fifth District.

March 25, 1981.


Attorney(s) appearing for the Case

Edward J. Richardson and Richard E. Gordon of Saxon & Richardson, P.A., Melbourne, for appellant.

Jim Smith, Atty. Gen., Tallahassee, and Evelyn D. Golden, Asst. Atty. Gen., Daytona Beach, for appellee.


ORFINGER, Judge.

Appellant was convicted of vehicular homicide under section 782.071, Florida Statutes (1977). He contends that the trial court erred in: (1) not instructing the jury on lesser included offenses; (2) refusing to give his requested instruction on the burden of proof required to support conviction and (3) not granting his motion for judgment of acquittal.

Appellant now correctly contends that reckless driving1 is...

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