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PEREZ v. STATE

No. 90-2142.

578 So.2d 510 (1991)

Ariel PEREZ, Appellant, v. The STATE of Florida, Appellee.

District Court of Appeal of Florida, Third District.

April 30, 1991.

Attorney(s) appearing for the Case

Bennett H. Brummer, Public Defender and Howard K. Blumberg, Asst. Public Defender, for appellant.

Robert A. Butterworth, Atty. Gen. and Angelica D. Zayas, Asst. Atty. Gen., for appellee.

Before BASKIN, COPE and GODERICH, JJ.

CONFESSION OF ERROR

PER CURIAM.

As the State properly concedes, the trial court fundamentally erred in failing to make any reference to excusable homicide and justifiable homicide when instructing the jury as to attempted manslaughter. See State v. Smith, 573 So.2d 306 (Fla. 1990); Rojas v. State, 552 So.2d 914 (Fla. 1989). Accordingly, the defendant's conviction and sentence...

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