Lackner v. State

District Court of Appeal of Florida

Lackner v. State

543 So. 2d 418, 14 Fla. L. Weekly 1233, 1989 Fla. App. LEXIS 2770, 1989 WL 51212

District Court of Appeal of Florida·Decided May 18, 1989·No. No. 88-719·Published

Opinion

COWART, Judge.

Charged with premeditated first degree murder (§ 782.04(1)(a), Fla.Stat.), the defendant was not entitled to a jury instruction and verdict alternative for a lesser included offense of the non-homicide offense of aggravated battery (§ 784.045(1), Fla.Stat.). Martin v. State, 342 So.2d 501 (Fla.1977).

Appellant’s other points on appeal are, likewise, without merit.

AFFIRMED.

SHARP, C.J., and GOSHORN, J., concur.

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COWART, Judge.

Charged with premeditated first degree murder (§ 782.04(1)(a), Fla.Stat.), the defendant was not entitled to a jury instruction and verdict alternative for a lesser included offense of the non-homicide offense of aggravated battery (§ 784.045(1), Fla.Stat.). Martin v. State, 342 So.2d 501 (Fla.1977).

Appellant’s other points on appeal are, likewise, without merit.

AFFIRMED.

SHARP, C.J., and GOSHORN, J., concur.

Lackner v. State, 543 So. 2d 418, 14 Fla. L. Weekly 1233, 1989 Fla. App. LEXIS 2770, 1989 WL 51212 (Fla. Ct. App. 1989).

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Opinion

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