DIXON v. STATE

No. 91-790.

603 So.2d 570 (1992)

Jeffrey H. DIXON, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fifth District.

Rehearing Denied September 31, 1992.


Attorney(s) appearing for the Case

James B. Gibson, Public Defender, and James R. Wulchak, Chief, Asst. Public Defender, Daytona Beach, for appellant.

Robert A. Butterworth, Atty. Gen., Tallahassee, and Bonnie Jean Parrish, Asst. Atty. Gen., Daytona Beach, for appellee.


ON MOTION FOR REHEARING EN BANC

W. SHARP, Judge.

We grant Dixon's motion for rehearing en banc. We withdraw the opinion issued by the three judge panel in this case and replace it with the following.

Dixon was charged by information with the attempted first degree murder of his wife. At Dixon's trial, defense counsel objected to a jury instruction on aggravated battery as a lesser included offense of attempted...

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