ABBARNO v. STATE

No. 94-1130.

654 So.2d 225 (1995)

Robert ABBARNO, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fifth District.

April 21, 1995.


Attorney(s) appearing for the Case

James B. Gibson, Public Defender, and Sean K. Ahmed, Asst. Public Defender, Daytona Beach, for appellant.

Robert A. Butterworth, Atty. Gen., Tallahassee, Belle B. Turner, Asst. Atty. Gen., and Anthony J. Hall, Certified Legal Intern, Daytona Beach, for appellee.


W. SHARP, Judge.

Abbarno appeals after a jury found him guilty of one count of attempted second degree murder with a firearm,1 and four other criminal charges growing out of his assault on his estranged girlfriend, in her work place. He argues the trial judge committed fundamental error by failing to instruct the jury on justifiable or excusable homicide. Miller v. State, 573 So.2d 337 (Fla. 1991...

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