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MORGAN v. STATE
District Court of Appeal of Florida, Third District.
Aug 23, 1982
PER CURIAM.
In Florida attempted second degree murder is recognized as a crime. Littles v. State, 384 So.2d 744 (Fla. 1st DCA 1980).
It is also a "necessarily included" lesser of the offense of attempted first degree murder, and therefore, the trial court was correct in giving such an instruction when the defendant was charged with attempted first degree murder. Brown v. State, 206 So.2d 377 (Fla. 1968).
Therefore the conviction, adjudication and sentence are affirmed.
Affirmed.
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