DAYMON v. STATE

No. 98-00204.

744 So.2d 581 (1999)

James W. DAYMON, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Second District.

November 12, 1999.


Attorney(s) appearing for the Case

Suzanne LaBerge of Gruskin & La-Berge, P.A. St. Petersburg, for Appellant

Robert A. Butterworth, Attorney General, Tallahassee, and Deborah F. Hogge, Assistant Attorney General, Tampa, for Appellee.


PER CURIAM.

James W. Daymon appeals his conviction for second degree murder. He argues that the trial court erred in denying his motion for judgment of acquittal and his motion for a mistrial. We affirm as to both issues, but find only the motion for mistrial merits comment.

At the beginning of the trial proceedings, the trial judge gave preliminary jury instructions. Although she followed the Florida Supreme Court's prescribed instructions, the trial judge...

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