HIGGINS v. STATE

No. 88-2295.

553 So.2d 177 (1989)

Thomas HIGGINS, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, First District.

On Rehearing December 1, 1989.


Attorney(s) appearing for the Case

Michael E. Allen, Public Defender and Nancy L. Showalter, Asst. Public Defender, Tallahassee, for appellant.

Robert A. Butterworth, Atty. Gen., and Edward C. Hill, Jr., Asst. Atty. Gen., Tallahassee, for appellee.


PER CURIAM.

AFFIRMED.

SMITH, THOMPSON and MINER, JJ., concur.

ON REHEARING

THOMPSON, Judge.

Higgins appealed the trial court's denial of his request to have the jury instructed on second degree arson, § 806.01(2), Fla. Stat., as a necessarily lesser included offense of the offense charged, first degree arson, § 806.01(1). He argues that the trial court's ruling was in error because second degree arson was included in the...

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