STATE v. CINTRON

Homicide — first-degree murder — second-degree instruction not required

A Court of Appeals decision that the trial court erred in a first-degree murder prosecution by failing to instruct the jury on the lesser-included offense of second-degree murder is reversed for the reason stated in the dissenting opinion in the Court of Appeals that there was no evidence to support a finding by the jury that the murder was not premeditated and deliberate.

PER CURIAM.

For the reasons stated in the dissenting opinion by Judge Lewis, the decision of the Court of Appeals is reversed.

REVERSED.