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O'BRIAN v. STATE

No. 92-3630.

649 So.2d 336 (1995)

Lori Jean O'BRIAN, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, First District.

January 31, 1995.

Attorney(s) appearing for the Case

Nancy A. Daniels, Public Defender, and Nada M. Carey, Asst. Public Defender, Tallahassee, for appellant.

Robert A. Butterworth, Atty. Gen., and Sonya Roebuck Horbelt, Asst. Atty. Gen., Dept. of Legal Affairs, Tallahassee, for appellee.

PER CURIAM.

We must reverse O'Brian's conviction for attempted manslaughter and remand for a new trial because a jury instruction was given on attempted manslaughter by culpable negligence, a non-existent crime in Florida. Taylor v. State, 444 So.2d 931 (Fla. 1983); Arline v. State, 550 So.2d 1180 (Fla. 1st DCA 1989). We also remand for resentencing on O'Brian's conviction for aggravated...

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