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JOHNSON v. STATE

No. AL-75.

423 So.2d 614 (1982)

Harrison W. JOHNSON, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, First District.

December 21, 1982.

Attorney(s) appearing for the Case

Michael Allen, Public Defender, Carl S. McGinnes, Asst. Public Defender, Tallahassee, for appellant.

Jim Smith, Atty. Gen., Barbara Ann Butler, Asst. Atty. Gen., Jacksonville, for appellee.

PER CURIAM.

We reverse appellant's conviction of second degree murder, based upon the trial court's failure to instruct the jury that the appellant could be convicted of third degree murder.

Murder is an offense divided into degrees. Rule 3.490, Florida Rules of Criminal Procedure, prior to October 1, 1981, provided that when the information or indictment charges an offense which is divided into degrees, the court "shall in all such cases" charge the jury...

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