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GREEN v. STATE

No. 65804.

475 So.2d 235 (1985)

Josh GREEN, Petitioner, v. STATE of Florida, Respondent.

Supreme Court of Florida.

August 30, 1985.

Attorney(s) appearing for the Case

James B. Gibson, Public Defender and Larry B. Henderson, Asst. Public Defender, Daytona Beach, for petitioner.

Jim Smith, Atty. Gen. and W. Brian Bayly, Asst. Atty. Gen., Daytona Beach, for respondent.

OVERTON, Justice.

This cause is before us on petition to review a decision of the Fifth District Court of Appeal reported as Green v. State, 453 So.2d 526 (Fla. 5th DCA 1984). The district court held that a requested third-degree felony murder jury instruction was properly denied during petitioner's trial for first-degree premeditated murder because third-degree felony murder is not a lesser included offense of first-degree...

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