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JONES v. STATE

No. 98-3278

724 So.2d 1228 (1999)

Ricardo JONES, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fourth District.

January 6, 1999.

Attorney(s) appearing for the Case

Ricardo Jones, DeFuniak Springs, pro se.

No appearance required for appellee.

KLEIN, J.

Appellant was charged with and sentenced for attempted first degree murder of a police officer. He seeks post-conviction relief, alleging ineffective assistance of counsel because his counsel failed to request jury instructions on lesser degrees of murder.

Attempted third degree murder is a nonexistent crime. Gutierrez v. State, 665 So.2d 294 (Fla. 5th DCA 1995). The only issue is whether appellant could...

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