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ERNEST TAYLOR, APPELLANT, v. STATE OF FLORIDA, APPELLEE.

PER CURIAM.

We reverse the appellant's conviction and sentence for attempted second degree murder with a firearm because the trial court failed to give the jury a complete instruction on manslaughter including an explanation of both justifiable and excusable homicide. See Rinaldi v. State, 614 So.2d 1197 (Fla. 2d DCA 1993). We remand for a new trial on the charge of attempted second degree murder.

We affirm the appellant's conviction and sentence for possession of a firearm by a convicted felon.

DANAHY, A.C.J., and PATTERSON and ALTENBERND, JJ., Concur.

Judge ALTENBERND participated in the decision on rehearing, but did not participate in the original decision.

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TAYLOR v. STATE
(Aug 11, 1993)