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WHITE v. STATE

No. 5D10-2522.

72 So.3d 208 (2011)

Frank WHITE, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fifth District.

September 30, 2011.

Attorney(s) appearing for the Case

James S. Purdy , Public Defender, and David S. Morgan , Assistant Public Defender, Daytona Beach, for Appellant.

Pamela Jo Bondi , Attorney General, Tallahassee, and Ann M. Phillips , Assistant Attorney General, Daytona Beach, for Appellee.

COHEN, J.

Frank White appeals his conviction of second-degree murder with a firearm and attempted robbery.1 The only issue raised on appeal is whether the jury instruction on manslaughter by procurement was fundamental error. No error is assigned as to the attempted robbery conviction.

White and an accomplice, Trent Harris, were robbing individuals seeking to purchase drugs at a location well-known for drug sales. The victim, who...

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