PRESTON v. STATE

No. 80-453.

397 So.2d 712 (1981)

Robert A. PRESTON, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fifth District.

Rehearing Denied May 5, 1981.


Attorney(s) appearing for the Case

James B. Gibson, Public Defender, James R. Wulchak, Asst. Public Defender, Chief, Appellate Div., and Thomas R. Mott, Asst. Public Defender, Daytona Beach, for appellant.

Jim Smith, Atty. Gen., Tallahassee, and C. Michael Barnette, Asst. Atty. Gen., Daytona Beach, for appellee.


ORFINGER, Judge.

Appellant's request for a jury instruction on self defense was denied, and appellant claims error. He also contends that he could not be convicted of attempted criminal mischief1 and throwing a deadly missile into an occupied vehicle2 arising out of the same facts, because the lesser is included in the greater.3 We affirm.

We fail to find in the record any...

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