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TAYLOR v. STATE

No. 92-01278.

622 So.2d 603 (1993)

Ernest TAYLOR, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Second District.

August 11, 1993.

Attorney(s) appearing for the Case

James Marion Moorman, Public Defender, and Robert F. Moeller, Asst. Public Defender, Bartow, for appellant.

Robert A. Butterworth, Atty. Gen., Tallahassee, and Michele Taylor, Asst. Atty. Gen., Tampa, for appellee.

PER CURIAM.

We reverse the appellant's conviction and sentence for attempted second degree murder with a firearm because the trial court failed to give the jury a complete instruction on manslaughter including an explanation of both justifiable and excusable homicide. See Rinaldi v. State, 614 So.2d 1197 (Fla. 2d DCA 1993). We remand for a new trial on the charge of attempted second degree murder.

We affirm the appellant...

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