JOHNSON v. STATE

No. 3D10-650.

65 So.3d 1147 (2011)

Eric JOHNSON, Appellant, v. The STATE of Florida, Appellee.

District Court of Appeal of Florida, Third District.

Rehearing Denied August 16, 2011.


Attorney(s) appearing for the Case

Carlos J. Martinez , Public Defender, and Amy Weber , Assistant Public Defender, for appellant.

Pamela Jo Bondi , Attorney General, and Ansley B. Peacock , Assistant Attorney General, for appellee.

Before WELLS, C.J., and CORTIÑAS and SALTER, JJ.


CORTIÑAS, J.

Eric Johnson ("Johnson") appeals his conviction for attempted second-degree murder with a firearm. Johnson contends that the trial court committed fundamental error in giving an improper jury instruction. We disagree.

Johnson was charged by the State of Florida (the "State") with two counts: (1) aggravated assault and (2) attempted second-degree murder with a firearm. The charges arose from two separate and independent incidents involving...

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