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GRIFFIN v. STATE

No. 1D09-5689.

41 So.3d 927 (2010)

Reggie GRIFFIN, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, First District.

July 13, 2010.

Attorney(s) appearing for the Case

Nancy A. Daniels, Public Defender and G. Kay Witt, Assistant Public Defender, Tallahassee, for Appellant.

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

WETHERELL, J.

Appellant raises two issues in this direct appeal of his convictions and sentences for attempted second-degree murder and aggravated assault of a law enforcement officer: 1) that the trial court erred in excluding testimony of his state of mind prior to the offense; and 2) that, based upon the reasoning in Montgomery1 the trial court committed fundamental error in instructing the jury on the lesser included offense...

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