Florida District Courts of Appeal, 1989

Lackner v. State

Florida District Courts of Appeal · Decided May 18, 1989 · Cowart, Goshorn, Sharp

543 So. 2d 418; 14 Fla. L. Weekly 1233; 1989 Fla. App. LEXIS 2770; 1989 WL 51212 (Southern Reporter, Second Series)

Opinion of the Court

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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