Wheeler v. State
672 So. 2d 102, 1996 Fla. App. LEXIS 4291, 1996 WL 194356
Procedural entryThis page is a short order in Wheeler v. State. Read the opinion of the Court — 690 So. 2d 1369 →
Opinion
Appellant Thomas Wheeler appeals his conviction and sentence for second degree murder without a firearm but with a deadly weapon, after being indicted for murder in the first degree. We reverse and remand for a new trial since it was error for the trial court not to instruct the jury on murder in the third degree, an offense which was one step removed from the charge of which the appellant was convicted. See Hunter v. State, 389 So.2d 661 (Fla. 4th DCA 1980); State v. Abreau, 363 So.2d 1063 (Fla.1978).
Reversed and remanded.
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Wheeler v. State, 672 So. 2d 102, 1996 Fla. App. LEXIS 4291, 1996 WL 194356 (Fla. Ct. App. 1996).
672 So. 2d 102 (Wheeler v. State) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.
Related
State v. Abreau
363 So. 2d 1063 (Supreme Court of Florida, 1978)
Hunter v. State
389 So. 2d 661 (District Court of Appeal of Florida, 1980)