MOSELY v. STATE

No. 95-1365.

682 So.2d 605 (1996)

Michael T. MOSELY, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, First District.

October 30, 1996.


Attorney(s) appearing for the Case

Nancy A. Daniels, Public Defender; Fred Parker Bingham, II, Assistant Attorney General, Tallahassee, for Appellant.

Robert A. Butterworth, Attorney General; Mark C. Menser, Assistant Attorney General, Tallahassee, for Appellee.


PER CURIAM.

Michael T. Mosely, charged with attempted second-degree murder in the shooting of a man during an alleged drug transaction, appeals the jury's verdict finding him guilty of the lesser included offense of attempted manslaughter. We reverse.

At his trial, the judge1 did not give the standard jury instruction for attempted manslaughter. The judge told the jury, in pertinent part:

Now, before you can find the defendant...

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