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ROJAS v. STATE

No. 87-1571.

535 So.2d 674 (1988)

Joey Luis ROJAS, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fifth District.

December 22, 1988.

Attorney(s) appearing for the Case

James B. Gibson, Public Defender, and Brynn Newton, Asst. Public Defender, Daytona Beach, for appellant.

Robert A. Butterworth, Atty. Gen., Tallahassee, and Paula C. Coffman, Asst. Atty. Gen., Daytona Beach, for appellee.

SHARP, Chief Judge.

Rojas appeals his conviction and sentence for second-degree murder.1 He argues the trial court committed fundamental error in failing to fully and correctly instruct the jury concerning the definitions of excusable and justifiable homicide, in conjunction with its instruction on manslaughter. We affirm.

The testimony established that Rojas drove his automobile to Eatonville, Florida, accompanied by three passengers...

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