SULLIVAN v. STATE

No. 1D09-4332.

50 So.3d 33 (2010)

Howard Christian SULLIVAN, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, First District.

Rehearing Denied December 15, 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 Anne C. Conley , Assistant Attorney Generals, Tallahassee, for Appellee.


HAWKES, C.J.

Howard Sullivan appeals his convictions and sentences for second-degree murder and robbery with a deadly weapon. We affirm the robbery conviction without further discussion, and write only to address Sullivan's argument that the trial court committed fundamental error when instructing the jury on second-degree murder. Sullivan claims the trial court erred because, when instructing the jury on manslaughter by act, a lesser included offense of second degree...

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