DUFAULT v. STATE

No. 5D00-1185.

800 So.2d 647 (2001)

Mark DUFAULT, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fifth District.

Rehearing Denied December 11, 2001.


Attorney(s) appearing for the Case

James B. Gibson, Public Defender, and Rosemarie Farrell, Assistant Public Defender, Daytona Beach, for Appellant.

Robert A. Butterworth, Attorney General, Tallahassee, and Lori N. Hagan, Assistant Attorney General, Daytona Beach, for Appellee.


GRIFFIN, J.

The juvenile defendant below, Mark Dufault ["defendant"], was adjudicated guilty of premeditated first-degree murder of his grandmother. He now appeals contending that: (1) the trial court abused its discretion in denying defendant's proposed special jury instruction on premeditation; (2) the trial court erred in denying the motion for judgment of acquittal because there was insufficient evidence of premeditation; (3) the trial court should have allowed...

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