MORGAN v. STATE

No. 4D08-2983.

42 So.3d 862 (2010)

Kevin MORGAN, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fourth District.

Rehearing Denied September 27, 2010.


Attorney(s) appearing for the Case

Carey Haughwout , Public Defender, and John M. Conway , Assistant Public Defender, West Palm Beach, for appellant.

Bill McCollum , Attorney General, Tallahassee, and Don M. Rogers , Assistant Attorney General, West Palm Beach, for appellee.


PER CURIAM.

We affirm appellant's conviction for attempted second degree murder, rejecting his contention that the trial court fundamentally erred in instructing the jury on attempted voluntary manslaughter. The instruction given by the trial court in this case included language clarifying that a conviction for attempted manslaughter by act does not require proof of an intent to kill. The attempted manslaughter instruction given by the trial court was thus consistent...

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