HERRINGTON v. STATE

No. 87-0887.

524 So.2d 509 (1988)

James Otis HERRINGTON, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fourth District.

May 11, 1988.


Attorney(s) appearing for the Case

Richard L. Jorandby, Public Defender, Thomas F. Ball, III, Asst. Public Defender, and Richard Dedell, Certified Legal Intern, West Palm Beach, for appellant.

Robert A. Butterworth, Atty. Gen., Tallahassee, and Amy Lynn Diem, Asst. Atty. Gen., West Palm Beach, for appellee.


GUNTHER, Judge.

We affirm the conviction and sentence entered against the appellant. As to the first issue, the trial court did not commit error by failing to give an instruction on third degree murder as requested. In order to support an instruction on a category two offense, the Information must allege the elements of the category two lesser offense. See Brown v. State, 206 So.2d 377 (Fla. 1968); White v. State,...

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