MARION v. STATE

No. 82-1035.

429 So.2d 40 (1983)

Samuel Lee MARION, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Second District.

Rehearing Denied April 11, 1983.


Attorney(s) appearing for the Case

Jerry Hill, Public Defender, and Michael E. Raiden, Asst. Public Defender, Bartow, for appellant.

Jim Smith, Atty. Gen., Tallahassee, and Robert J. Landry, Asst. Atty. Gen., Tampa, for appellee.


OTT, Chief Judge.

Appellant, charged with attempted first degree murder, was tried and convicted of aggravated battery. He contends the trial judge erred: (1) in not instructing the jury on aggravated assault as a lesser-included offense, and (2) in denying his motion for new trial.

The Schedule of Lesser-Included Offenses in Florida Standard Jury Instructions in Criminal Cases lists aggravated assault as a category 2 lesser-included offense of first degree...

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