RODRIGUEZ v. STATE

No. 82-1373.

443 So.2d 286 (1983)

Julian A. RODRIGUEZ, Appellant, v. The STATE of Florida, Appellee.

District Court of Appeal of Florida, Third District.

December 22, 1983.


Attorney(s) appearing for the Case

Bennett H. Brummer, Public Defender, Scherman & Zelonker and Regina F. Zelonker, Sp. Asst. Public Defender, for appellant.

Jim Smith, Atty. Gen. and Richard E. Doran, Asst. Atty. Gen., for appellee.

Before HUBBART, DANIEL S. PEARSON and FERGUSON, JJ.


DANIEL S. PEARSON, Judge.

Rodriguez, charged with attempted first-degree murder and convicted of attempted second-degree murder, contends in this appeal that the trial court erred in denying his request to charge the jury on attempted manslaughter, the effect of which, says Rodriguez, was to deprive him of a potential jury pardon.

The questions before us are whether attempted manslaughter is an offense under Florida law; if so, whether the failure to instruct...

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