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VALDES-PINO v. STATE

No. 3D08-1417.

23 So.3d 871 (2009)

John VALDES-PINO, Appellant, v. The STATE of Florida, Appellee.

District Court of Appeal of Florida, Third District.

December 23, 2009.

Attorney(s) appearing for the Case

Carlos J. Martinez, Public Defender, and Leslie Scalley, Special Assistant Public Defender, for appellant.

Bill McCollum, Attorney General, and Forrest L. Andrews, Jr., Assistant Attorney General, for appellee.

Before WELLS, ROTHENBERG, and SALTER, JJ.

PER CURIAM.

John Valdes-Pino appeals his conviction for second-degree murder asserting fundamental error in the manslaughter instruction given to the jury.1 We affirm the conviction.

On the record presented, we find that the then-standard instructions given by the trial court (without objection) did not constitute fundamental error. Zeigler v. State, 18 So.3d 1239 (Fla. 2d DCA 2009). However...

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