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SMITH v. STATE

No. 85-1994.

496 So.2d 983 (1986)

Lee SMITH, Appellant, v. The STATE of Florida, Appellee.

District Court of Appeal of Florida, Third District.

November 4, 1986.

Attorney(s) appearing for the Case

Bennett H. Brummer, Public Defender and Michael Korvick and John H. Lipinski, Special Asst. Public Defender, for appellant.

Jim Smith, Atty. Gen. and Julie S. Thornton, Asst. Atty. Gen., for appellee.

Before SCHWARTZ, C.J., and HUBBART and BASKIN, JJ.

PER CURIAM.

This is an appeal from judgments of conviction and sentences for second-degree murder and attempted second-degree murder. The sole point on appeal is that the trial court erred in giving Florida Standard Jury Instruction (Criminal) 3.04(b), which, since the trial in this cause, has been disapproved by the Florida Supreme Court in Yohn v. State, 476 So.2d 123 (Fla. 1985). We agree and reverse for a new trial.<...

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