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ACHIN v. STATE

No. 59840.

436 So.2d 30 (1982)

Stephen C. ACHIN, Petitioner, v. STATE of Florida, Respondent.

Supreme Court of Florida.

Rehearing Denied August 30, 1983.

Attorney(s) appearing for the Case

Ray Sandstrom of Sandstrom & Haddad, Fort Lauderdale, for petitioner.

Jim Smith, Atty. Gen. and Stewart J. Bellus, Asst. Atty. Gen., West Palm Beach, for respondent.

OVERTON, Justice.

This is a petition to review the decision of the Fourth District Court of Appeal, reported at 387 So.2d 375. The issue concerns whether a defendant may be convicted of a nonexistent lesser included offense, where defense counsel requested that the jury instruction for the nonexistent offense be given. We find conflict with our decisions in Adams v. Murphy, 394 So.2d 411

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