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RICHARDSON v. STATE

No. 3D00-2351.

818 So.2d 679 (2002)

Eric RICHARDSON, Appellant, v. The STATE of Florida, Appellee.

District Court of Appeal of Florida, Third District.

June 12, 2002.

Attorney(s) appearing for the Case

Bennett H. Brummer, Public Defender, and Robert Godfrey, Assistant Public Defender, for appellant.

Robert A. Butterworth, Attorney General, and Steven R. Berger, Assistant Attorney General, for appellee.

Before GODERICH and SHEVIN, JJ., and NESBITT, Senior Judge.

SHEVIN, Judge.

Eric Richardson appeals a judgment of conviction for attempted second degree murder. We reverse and remand for a new trial on attempted second degree murder.

Richardson correctly argues that the court committed fundamental error in failing to instruct the jury as to the definition of excusable and justifiable attempted homicide as provided in the standard jury instruction, "Introduction to Attempted Homicide." Fla. Std. Jury Instr. (Crim.)....

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