Herrington v. State

District Court of Appeal of Florida

Herrington v. State

524 So. 2d 509, 13 Fla. L. Weekly 1106, 1988 Fla. App. LEXIS 1837, 1988 WL 44451

CourtDistrict Court of Appeal of Florida

DecidedMay 11, 1988

DocketNo. 87-0887

StatusPublished

Cited by1 cases

This text of 524 So. 2d 509 (Herrington v. State) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Herrington v. State, 524 So. 2d 509, 13 Fla. L. Weekly 1106, 1988 Fla. App. LEXIS 1837, 1988 WL 44451 (Fla. Ct. App. 1988).

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Opinion

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.

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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.

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524 So. 2d 509, 13 Fla. L. Weekly 1106, 1988 Fla. App. LEXIS 1837, 1988 WL 44451, Counsel Stack Legal Research, https://law.counselstack.com/opinion/herrington-v-state-fladistctapp-1988.

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