FIRTH v. STATE

No. 2D99-1456.

764 So.2d 734 (2000)

Donald R. FIRTH, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Second District.

June 30, 2000.


Attorney(s) appearing for the Case

James Marion Moorman, Public Defender, and Megan Olson, Assistant Public Defender, Bartow, for Appellant.

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


CASANUEVA, Judge.

Donald R. Firth appeals his conviction for aggravated battery on a pregnant woman on the ground that the trial court declined to give his requested instruction on the voluntary intoxication defense. He contends that, because the crime requires proof of specific intent, the trial court erred in failing to give the instruction. We agree and remand for a new trial.

At the outset, we find no error in the trial court's conclusion that there was...

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