RUSHING v. STATE

No. 1D08-3709.

133 So.3d 943 (2010)

Chad Douglas RUSHING, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, First District.

June 21, 2010.


Attorney(s) appearing for the Case

Nancy A. Daniels , Public Defender, and Gail E. Anderson , Assistant Public Defender, Tallahassee, for Appellant.

Bill McCollum , Attorney General, and Michael T. Kennett , Assistant Attorney General, Tallahassee, for Appellee.


ROWE, J.

Appellant was charged with attempted first-degree murder, but was found guilty by the jury of the lesser included offense of attempted second-degree murder. Appellant challenges his conviction due to the trial court's use of Standard Jury Instruction (Criminal) 6.6 to instruct on the lesser included offense of attempted voluntary manslaughter. The instruction on attempted voluntary manslaughter was read to the jury without objection from either party. The...

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