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SHRUM v. STATE

No. 80-303.

401 So.2d 941 (1981)

Bobby L. SHRUM, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fifth District.

August 5, 1981.

Attorney(s) appearing for the Case

Robert Augustus Harper, Jr., Gainesville and James A. Shook, Ocala, for appellant.

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

FRANK D. UPCHURCH, Jr., Judge.

This is an appeal from a judgment of second degree murder and a sentence of life imprisonment. Appellant contends that the trial court erred in failing to give an instruction on third degree murder. He also alleges that the trial court erred in failing to conduct a Richardson1 inquiry concerning the state's violation of Florida Rule of Criminal Procedure 3.220. We find no error and AFFIRM.

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