CHILDERS v. STATE

No. 96-04568.

713 So.2d 431 (1998)

John CHILDERS, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Second District.

Rehearing Denied July 9, 1998.


Attorney(s) appearing for the Case

Bernard F. Daley, Jr., Tallahassee, for Appellant.

Robert A. Butterworth, Attorney General, Tallahassee, and Anne E. Sheer, Assistant Attorney General, Tampa, for Appellee.


CAMPBELL, Acting Chief Judge.

Appellant, John Childers, convicted in 1996 of the 1983 first degree murder of Debbie Childers, his wife, challenges his conviction. He argues that the court erred in refusing to instruct the jury on lesser included offenses and that the court erred in denying his motion for a judgment of acquittal. We find no merit in either claim and affirm.

We first address whether the court erred in refusing to instruct the jury on lesser...

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