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PAVOLKO v. STATE

No. 5D11-1394.

78 So.3d 86 (2012)

Shawn Michael PAVOLKO, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fifth District.

January 20, 2012.

Attorney(s) appearing for the Case

James S. Purdy , Public Defender, Daytona Beach, 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.

PER CURIAM.

Shawn Pavolko appeals his conviction on a charge of attempted second degree murder with a firearm, arguing fundamental error in the instruction given to the jury on the lesser charge of attempted voluntary manslaughter.1 He argues that the attempted manslaughter instruction, to which he raised no objection at trial, would have been understood by the jury as requiring proof beyond a reasonable doubt that he intended to kill...

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