KEITH LOUTTIT, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE

Fla. 3d DCA | 1985-04-09
No. 83-2176
Before SCHWARTZ, C.J., and FERGUSON and JORGENSON, JJ.
467 So. 2d 756 Florida District Court of Appeal, Third District (1985) Positive Treatment
Cited by 6 cases
Opinion of the Court
PER CURIAM.

PER CURIAM.

Defendant brings this appeal from a conviction and sentence for attempted first-degree murder. He contends that the court erred in rejecting his request for an instruction on attempted manslaughter. Where defendant was convicted of attempted first-degree murder as charged, and the jury was also instructed on attempted second-degree murder and aggravated battery as lesser included offenses, the failure to instruct on attempted manslaughter, a two-step removed lesser-included offense, was not harmful error. State v. Abreau, 363 So. 2d 1063 (Fla.1978). More to the point, because there was no evidence to support an instruction on attempted manslaughter, refusal to give the instruction was correct. Fla.R.Crim.P. 3.510(b).

Affirmed.

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  • Thompson v. State, 487 So. 2d 311 (Fla. 5th DCA 1986)
    …So. 2d 513 (Fla. 5th DCA 1984), review denied, 462 So. 2d 1108 (Fla.1985); Foster v. State, 448 So. 2d 1239 (Fla. 5th DCA 1984); Wheat v. State, 433 So. 2d 1290 (Fla. 1st DCA 1983), review denied, 444 So. 2d 418 (Fla.1984); but see Louttit v. State, 467 So. 2d 756 (Fla. 3d DCA), review denied, 480 So. 2d 1294 (Fla.1985). Robbery while carrying a weapon, under subsection (b) of the statute, is the next immediate necessarily lesser included offense (one step removed) of robbery while carrying a firearm or othe…
  • Many v. State, 756 So. 2d 169 (Fla. 4th DCA 2000)
    …ka v. State, 720 So. 2d 1109 (Fla. 4th DCA 1998). Even had the alleged error been preserved, failure to give the attempted manslaughter' instruction would have been harmless error. See State v. Abreau, 363 So. 2d 1063 (Fla.1978); Louttit v. State, 467 So. 2d 756 (Fla. 3d DCA 1985). AFFIRMED. STEVENSON and GROSS, JJ., concur.…
  • Walker v. State, 522 So. 2d 105 (Fla. 3d DCA 1988)
    …ohnson v. State, 438 So. 2d 774 (Fla.1983); In Re Florida Rules of Criminal Procedure, 403 So. 2d 979 (Fla.1981), Rule 3.510; Brown v. State, 502 So. 2d 979 (Fla. 1st DCA 1987); Warren v. State, 475 So. 2d 1027 (Fla. 1st DCA 1985); Louttit v. State, 467 So. 2d 756 (Fla.3d DCA 1985); Hamilton v. State, 458 So. 2d 863 (Fla. 4th DCA 1984).…

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