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MATEVIA v. STATE

No. 87-2586.

564 So.2d 585 (1990)

James Robert MATEVIA, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Second District.

July 25, 1990.

Attorney(s) appearing for the Case

James Marion Moorman, Public Defender, and Deborah K. Brueckheimer, Asst. Public Defender, Bartow, for appellant.

Robert A. Butterworth, Atty. Gen., Tallahassee, and Candance M. Sunderland, Asst. Atty. Gen., Tampa, for appellee.

LEHAN, Judge.

We reverse defendant's conviction for first-degree murder and remand for a new trial. We agree with defendant's contention that the trial court erred in instructing the jury on insanity.

At his trial defendant relied upon the insanity defense. He requested the following instruction:

An issue in this case is whether [defendant] was insane when the crime allegedly was committed. A person is considered to be insane when:...

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