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MESSER v. STATE

No. 4D98-4376.

757 So.2d 526 (2000)

Robert Edward MESSER, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fourth District.

Rehearing Denied June 1, 2000.

Attorney(s) appearing for the Case

Richard L. Jorandby, Public Defender, and Paul E. Petillo, Assistant Public Defender, West Palm Beach, for appellant.

Robert A. Butterworth, Attorney General, Tallahassee, and Gentry Denise Benjamin, Assistant Attorney General, West Palm Beach, for appellee.

WARNER, C.J.

The appellant, Robert Messer, challenges his conviction and sentence for manslaughter, contending that the evidence was not legally sufficient to sustain his conviction. However, because he requested that the jury be instructed on manslaughter as a lesser included offense of first degree murder, and we conclude that the evidence was sufficient to convict him as a principal or aider and abetter to murder, he...

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