JAMES OTIS HERRINGTON, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
JAMES OTIS HERRINGTON, APPELLANT,
STATE OF FLORIDA, APPELLEE
524 So. 2d 509
Florida District Court of Appeal, Fourth District (1988)
Positive Treatment
Cited by 2 cases
Opinion of the Court
GUNTHER, Judge.
We affirm the conviction and sentence entered against the appellant. As to the first issue, the trial court did not commit error by failing to give an instruction on third degree murder as requested. In order to support an instruction on a category two offense, the Information must allege the elements of the category two lesser offense. See Brown v. State, 206 So. 2d 377 (Fla.1968); White v. State, 412 So. 2d 28 (Fla. 2nd DCA 1982). Third degree murder was a category two offense in the instant case. Since the Information did not allege the elements of third degree murder, appellant was not entitled to an instruction on that offense. In all other respects, we affirm.
AFFIRMED.
ANSTEAD and GLICKSTEIN, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Herrington v. State, 538 So. 2d 850 (Fla. 1989)…[*851] GRIMES, Judge. We review Herrington v. State, 524 So. 2d 509 (Fla. 4th DCA 1988), because of conflict with Green v. State, 475 So. 2d 235 (Fla.1985). We have jurisdiction based on article V, section 3(b)(3), of the Florida Constitution. Herrington was charged with and convicted of second-degree murder. On ap…
Authorities Cited
- Brown v. State, 206 So. 2d 377 (Fla. 1968)
- White v. State, 412 So. 2d 28 (Fla. 2d DCA 1982)