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CANALES v. STATE

No. 2D11-5908.

109 So.3d 1182 (2013)

Agustin CANALES, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Second District.

March 22, 2013.

Attorney(s) appearing for the Case

Howard L. Dimmig, II , Public Defender, and Siobhan Helene Shea , Special Assistant Public Defender, Bartow, for Appellant.

Pamela Jo Bondi , Attorney General, Tallahassee, and John M. Klawikofksy , Assistant Attorney General, Tampa, for Appellee.

CRENSHAW, Judge.

Agustín Canales appeals his judgment and sentence for attempted second-degree murder with a firearm, among other charges. Canales argues on appeal that the jury instruction for attempted manslaughter by act as a lesser-included offense for attempted second-degree murder was fundamentally erroneous. We affirm Canales's judgment and sentences and write to explain how this case is distinguishable from others in which the jury instructions for attempted...

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