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WELCH v. STATE

No. 94-00864.

650 So.2d 1096 (1995)

David WELCH, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Second District.

February 22, 1995.

Attorney(s) appearing for the Case

James Marion Moorman, Public Defender, and Timothy J. Ferreri, Asst. Public Defender, Bartow, for appellant.

Robert A. Butterworth, Atty. Gen., Tallahassee, and Joseph Hwan-Yul Lee, Asst. Atty. Gen., Tampa, for appellee.

CAMPBELL, Acting Chief Judge.

Appellant challenges his judgment and sentence for the first degree murder of his father. On appeal, he contends that the trial court erred in failing to give a special instruction on premeditation arguing that the standard jury instruction does not properly apply Florida law. We disagree.

In Spencer v. State, 645 So.2d 377 (Fla. 1994), the supreme court held that section 782.04(1)(a...

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