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PAGE v. STATE

No. 3D10-534.

81 So.3d 525 (2012)

Tedrick PAGE, Appellant, v. The STATE of Florida, Appellee.

District Court of Appeal of Florida, Third District.

February 8, 2012.

Attorney(s) appearing for the Case

Carlos J. Martinez , Public Defender, and Robert Kalter , Assistant Public Defender, for appellant.

Pamela Jo Bondi , Attorney General, and Douglas J. Glaid , Senior Assistant Attorney General, for appellee.

Before WELLS, C.J., SUAREZ, J., and SCHWARTZ, Senior Judge.

SCHWARTZ, Senior Judge.

This is an appeal from a conviction of second degree murder as charged. The only point presented arises from the fact that the jury was instructed in accordance with the "interim" manslaughter by act instruction, see In re Standard Jury Instructions in Criminal Cases (2007-10), 997 So.2d 403, 404-405 (Fla.2008), as follows:

To prove the crime of manslaughter as a lesser included offense to...

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