Florida District Courts of Appeal, 1990

Forbes v. State

Forbes v. State
Florida District Courts of Appeal · Decided January 30, 1990 · Jorgenson, Levy, Schwartz
556 So. 2d 1164; 1990 Fla. App. LEXIS 524; 1990 WL 6478 (Southern Reporter, Second Series)

Forbes v. State

Opinion of the Court

PER CURIAM.

The defendant was charged with first degree murder and convicted of second degree murder. His only claim on appeal is that the trial court erred in failing to instruct the jury on third degree felony murder allegedly arising out of an aggravated assault. We hold that there is no evidence *1165of such a third degree murder and thus no error in refusing to give the instruction. Green v. State, 475 So.2d 235 (Fla. 1985).

Affirmed.

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