GOMEZ v. STATE

No. 5D07-3794.

5 So.3d 700 (2009)

Lazaro GOMEZ, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fifth District.

Rehearing Denied March 25, 2009.


Attorney(s) appearing for the Case

William R. Ponall, of Kirkconnell, Lindsey, Snure and Yates, P.A., Winter Park, for Appellant.

Bill McCollum, Attorney General, Tallahassee, and Kristen L. Davenport, Assistant Attorney General, Daytona Beach, for Appellee.


EVANDER, J.

Lazaro Gomez appeals from his conviction for attempted first degree murder with a firearm. He contends that the trial court committed fundamental error by 1) failing to instruct the jury on justifiable attempted homicide and 2) failing to instruct the jury on the necessarily lesser-included offense of attempted first degree murder without a firearm. We affirm.

The victim was Gomez' former girlfriend. She testified that Gomez had driven to...

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