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HARRIS v. STATE

No. 1D09-1807.

42 So.3d 863 (2010)

Tyree HARRIS, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, First District.

August 12, 2010.

Attorney(s) appearing for the Case

Nancy A. Daniels , Public Defender, and Paula S. Saunders , Assistant Public Defender, Tallahassee, for Appellant.

Bill McCollum , Attorney General, and Heather Flanagan Ross , Assistant Attorney General, Tallahassee, for Appellee.

MARSTILLER, J.

Appellant, Tyree Harris, raises two issues on appeal from his conviction and sentence for attempted second degree murder. He asserts the trial court erred by admitting into evidence certain out-of-court statements made by several prosecution witnesses, and fundamentally erred under State v. Montgomery, 39 So.3d 252 (Fla.2010), by including the element of intent in the jury instruction on the lesser included...

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