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PAULK v. STATE

No. 92-1085.

618 So.2d 795 (1993)

Marcus PAULK, Appellant/Cross-Appellee, v. STATE of Florida, Appellee/Cross-Appellant.

District Court of Appeal of Florida, Fifth District.

May 28, 1993.

Attorney(s) appearing for the Case

James B. Gibson, Public Defender, and Anne Moorman Reeves, Asst. Public Defender, Daytona Beach, for appellant/cross-appellee.

Robert A. Butterworth, Atty. Gen., Tallahassee, and Rebecca R. Wall, Asst. Atty. Gen., Daytona Beach, for appellee/cross-appellant.

COBB, Judge.

The appellant, Marcus Paulk, who was convicted as a principal of two counts of attempted murder and one count of shooting within a building, contends the trial court should not have given a jury instruction on flight, and cites the recent case of Fenelon v. State, 594 So.2d 292 (Fla. 1992), wherein the supreme court disapproved the instruction as constituting a judicial...

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