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VAN LOAN v. STATE

No. 98-02718.

736 So.2d 803 (1999)

Todd VAN LOAN, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Second District.

July 21, 1999.

Attorney(s) appearing for the Case

Julie L. Milham, St. Pete Beach, for Appellant.

Robert A. Butterworth, Attorney General, Tallahassee, and Stephen D. Ake, Assistant Attorney General, Tampa, for Appellee.

PER CURIAM.

Todd Van Loan ("Van Loan") appeals his judgment and sentence for attempted second-degree murder. Among his other contentions, Van Loan argues that the trial court committed fundamental error by omitting from the jury instructions the definitions of excusable and justifiable homicide. We agree and reverse.

On August 5, 1997, the State filed an information charging Van Loan with the attempted first-degree murder of his wife, Starr Van Loan. The arrest...

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