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SALONKO v. STATE

No. 1D08-4879.

42 So.3d 801 (2010)

Frank SALONKO, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, First District.

Rehearing Denied April 1, 2010.

Attorney(s) appearing for the Case

Nancy A. Daniels , Public Defender, and Steven L. Seliger , Assistant Public Defender, Tallahassee, for Appellant.

Bill McCollum , Attorney General, and Giselle Denise Lylen , Assistant Attorney General, Tallahassee, for Appellee.

PER CURIAM.

Frank Salonko, Appellant, seeks reversal of his convictions for second-degree murder and aggravated assault. He raises several issues on appeal, only one of which merits discussion. Citing this Court's opinion in Montgomery v. State, ___ So.3d ___ (Fla. 1st DCA 2009), review granted, 11 So.3d 943 (Fla.2009), Appellant argues that the trial court fundamentally erred in instructing the jury that to prove...

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