ALVAREZ v. STATE

No. 1D03-4930.

890 So.2d 389 (2004)

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

District Court of Appeal of Florida, First District.

December 23, 2004.


Attorney(s) appearing for the Case

Nancy A. Daniels, Public Defender; and William C. McLain, Assistant Public Defender, Tallahassee, for Appellant.

Charlie Crist, Attorney General; and Felicia A. Wilcox, Assistant Attorney General, Tallahassee, for Appellee.


BROWNING, J.

Mark Alvarez appeals his conviction of one count of second-degree murder and one count of second-degree arson. Alvarez contends that he is entitled to a new trial because the trial court fundamentally erred in misreading the jury instruction on second-degree murder in a manner that relieved the State of having to prove an essential, disputed element; in denying the motion to suppress Appellant's oral and written statements to law-enforcement officers...

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