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AQUINO v. STATE

No. 5D07-3249.

4 So.3d 40 (2009)

Mark A. AQUINO, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fifth District.

Rehearing Denied March 13, 2009.

Attorney(s) appearing for the Case

James S. Purdy, Public Defender, and Kevin R. Holtz, Assistant Public Defender, Daytona Beach, for Appellant.

Bill McCollum, Attorney General, Tallahassee, and Douglas T. Squire, Assistant Attorney General, Daytona Beach, for Appellee.

PER CURIAM.

Appellant, Mark A. Aquino ["Aquino"], was charged and tried on charges of first-degree murder and accessory after the fact to first-degree murder. During trial, he contended that the evidence was inadequate to prove accessory after the fact to first-degree murder and requested an instruction on accessory after the fact to aggravated battery as a lesser included offense. The trial court denied his motion for judgment...

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