MOORE v. STATE

No. 4D04-2115.

932 So.2d 524 (2006)

David MOORE, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fourth District.

Rehearing Denied July 25, 2006.


Attorney(s) appearing for the Case

Carey Haughwout, Public Defender, and Gregory J. Morse, Assistant Public Defender, West Palm Beach, for appellant.

Charles J. Crist, Jr., Attorney General, Tallahassee, and James J. Carney, Assistant Attorney General, West Palm Beach, for appellee.


MAY, J.

The defendant appeals his conviction and sentence for first degree arson. He argues the court erred in failing to instruct the jury on the lesser-included offenses of second degree arson, attempted second degree arson, and criminal mischief. We agree in part and reverse.

The defendant and his mother lived in a mobile home park. The defendant's mother supported him financially, and had either given him or was about to give him the mobile home. The defendant...

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