TOBEY v. STATE

No. 88-1594.

533 So.2d 1198 (1988)

Daniel Maxwell TOBEY, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Second District.

November 18, 1988.


Attorney(s) appearing for the Case

Daniel Maxwell Tobey, pro se.

Robert A. Butterworth, Atty. Gen., Tallahassee, and Lauren Hafner Sewell, Asst. Atty. Gen., Tampa, for appellee.

EN BANC


FRANK, Judge.

Daniel Maxwell Tobey appeals from the trial court's order summarily denying his motion for relief from his convictions and sentences for first degree and attempted first degree murder. None of the several claims Tobey raises in his motion has merit. Three grounds, however, require discussion. Tobey contends that the trial court committed fundamental error in giving an abbreviated jury instruction on excusable and justifiable homicide and in failing to...

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