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Lazaro GOMEZ, Appellant, v. STATE of Florida, Appellee. No. 5D07-3794

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District Court of Appeal of Florida, Fifth District. Lazaro GOMEZ, Appellant, v. STATE of Florida, Appellee. No. 5D07-3794. Feb. 6, 2009. Appeal from the Circuit Court for Orange County, Marc L. Lubet, Judge. William R. Ponall, of Kirkconnell, Lindsey, Snure and Yates, P.A., Winter Park, for Appellant. Bill McCollum, Attorney General, Tallahassee, and Kristen L. Davenport, Assistant Attorney General, Daytona Beach, for Appellee. EVANDER, J. *1 Lazaro Gomez appeals from his conviction for attempted first degree murder with a firearm. He contends that the trial court committed fundamental error by 1) failing to instruct the jury on justifiable attempted homicide and 2) failing to instruct the jury on the necessarily lesser-included offense of attempted first degree murder without a firearm...continue to full post

Full post as published by Florida Criminal Law Opinions on February 06, 2009 (boomark / email).