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WHYTE v. STATE

No. 5D03-2440.

881 So.2d 1183 (2004)

David A. WHYTE, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fifth District.

August 27, 2004.

Attorney(s) appearing for the Case

James B. Gibson, Public Defender, and Christopher S. Quarles, Assistant Public Defender, Daytona Beach, for Appellant.

Charles J. Crist, Jr., Attorney General, Tallahassee, and Rebecca Roark Wall, Assistant Attorney General, Daytona Beach, for Appellee.

ORFINGER, J.

After shooting his wife in the arm, David Whyte was arrested and charged with attempted second degree murder with a firearm (Count I) and aggravated battery with a firearm (Count II). Both charges arose from the same episode involving a single gunshot. At trial, the court instructed the jury on the crime of aggravated battery with a firearm as a lesser included offense of the attempted second degree murder charge. No objection was made by the defense...

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