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McDANIEL v. STATE

No. 92-1553.

620 So.2d 1308 (1993)

Virgil Ray McDANIEL, Sr., Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fourth District.

July 21, 1993.

Attorney(s) appearing for the Case

Richard L. Jorandby, Public Defender, and Eric M. Cumfer, Asst. Public Defender, West Palm Beach, for appellant.

Robert A. Butterworth, Atty. Gen., Tallahassee, and Don M. Rogers, Asst. Atty. Gen., West Palm Beach, for appellee.

PER CURIAM.

Appellant was convicted of second degree murder of his son. He argues that the trial court erred in submitting the second degree murder charge since at most the evidence proved only the crime of manslaughter. We agree and reverse based on Borders v. State, 433 So.2d 1325 (Fla. 3d DCA 1983); Pierce v. State, 376 So.2d 417 (Fla. 3d DCA 1979), cert. denied, 386 So...

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