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Louttit v. State

467 So. 2d 756, 10 Fla. L. Weekly 905, 1985 Fla. App. LEXIS 13342
CourtDistrict Court of Appeal of Florida
DecidedApril 9, 1985
DocketNo. 83-2176
StatusPublished
Cited by3 cases

This text of 467 So. 2d 756 (Louttit 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
Louttit v. State, 467 So. 2d 756, 10 Fla. L. Weekly 905, 1985 Fla. App. LEXIS 13342 (Fla. Ct. App. 1985).

Opinion

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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Related

Many v. State
756 So. 2d 169 (District Court of Appeal of Florida, 2000)
Walker v. State
522 So. 2d 105 (District Court of Appeal of Florida, 1988)
Thompson v. State
487 So. 2d 311 (District Court of Appeal of Florida, 1986)

Cite This Page — Counsel Stack

Bluebook (online)
467 So. 2d 756, 10 Fla. L. Weekly 905, 1985 Fla. App. LEXIS 13342, Counsel Stack Legal Research, https://law.counselstack.com/opinion/louttit-v-state-fladistctapp-1985.