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GARCIA v. STATE

No. 87-2543.

535 So.2d 290 (1988)

Rigoberto GARCIA, Appellant, v. The STATE of Florida, Appellee.

District Court of Appeal of Florida, Third District.

As Amended on Denial of Rehearing December 27, 1988.

Attorney(s) appearing for the Case

Breslin & Raben and Peter Raben, Coconut Grove, for appellant.

Robert A. Butterworth, Atty. Gen., and Yvette Rhodes Prescott, Asst. Atty. Gen., for appellee.

Before BARKDULL, DANIEL S. PEARSON and JORGENSON, JJ.

DANIEL S. PEARSON, Judge.

Rigoberto Garcia, convicted by a jury of second-degree murder,1 contends on appeal that the trial court committed reversible error when, acceding to the deliberating jury's request to be reinstructed on the definitions of second-degree murder and manslaughter, it refused the defendant's request that the manslaughter instruction include the definitions of justifiable or excusable homicide. Garcia says that any...

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