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JASPER v. STATE

No. 2D10-2482.

86 So.3d 531 (2012)

Max JASPER, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Second District.

Rehearing Denied May 7, 2012.

Attorney(s) appearing for the Case

James Marion Moorman , Public Defender, and Stephen M. Grogoza , Special Assistant Public Defender, Bartow, for Appellant.

Pamela Jo Bondi , Attorney General, Tallahassee, and Danilo Cruz-Carino , Assistant Attorney General, Tampa, for Appellee.

LaROSE, Judge.

Max Jasper appeals his conviction for second-degree murder. The jury found that Mr. Jasper possessed and discharged a firearm in committing the offense.1 He argues that fundamental error occurred in giving the jury instruction on the lesser offense of manslaughter by act and claims that the error prompted the jury to find him guilty of second-degree murder. We disagree and affirm his convictions and sentences.

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