GIDDEN v. STATE

No. 89-2921.

573 So.2d 153 (1991)

Dean GIDDEN, Appellant, v. The STATE of Florida, Appellee.

District Court of Appeal of Florida, Third District.

January 15, 1991.


Attorney(s) appearing for the Case

Bennett H. Brummer, Public Defender, and Elliot H. Scherker, Asst. Public Defender, for appellant.

Robert A. Butterworth, Atty. Gen., and Roberta G. Mandel, Asst. Atty. Gen., for appellee.

Before BARKDULL, HUBBART and FERGUSON, JJ.


PER CURIAM.

The failure to give the long-form instruction on excusable homicide was not fundamental error where the defense failed to make a timely objection to the court's instruction. State v. Smith, 573 So.2d 306 (Fla. 1990).

The defendant's second argument, that multiple convictions for attempted murder with a firearm and possession of a firearm during the commission of a felony violate the double jeopardy clause...

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