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ARMSTRONG v. STATE

No. 76768.

579 So.2d 734 (1991)

James ARMSTRONG, Petitioner, v. STATE of Florida, Respondent.

Supreme Court of Florida.

May 9, 1991.

Attorney(s) appearing for the Case

James B. Gibson, Public Defender and Brynn Newton, Asst. Public Defender, Seventh Judicial Circuit, Daytona Beach, for petitioner.

Robert A. Butterworth, Atty. Gen. and James N. Charles, Asst. Atty. Gen., Daytona Beach, for respondent.

GRIMES, Justice.

We review Armstrong v. State, 566 So.2d 943 (Fla. 5th DCA 1990), to answer the following question certified as one of great public importance:

DOES TRIAL COUNSEL FOR A DEFENDANT WAIVE FOR HIS CLIENT FUTURE OBJECTION TO FAILURE TO GIVE THE FULL AND COMPLETE INITIAL INSTRUCTION ON JUSTIFIABLE AND EXCUSABLE HOMICIDE AS PART OF THE MANSLAUGHTER INSTRUCTION WHEN THE TRIAL ATTORNEY SPECIFICALLY REQUESTS...

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