HOWELL v. STATE

No. 96-285.

687 So.2d 1339 (1997)

Sean Lamar HOWELL, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, First District.

Rehearing Denied March 14, 1997.


Attorney(s) appearing for the Case

Wm. J. Sheppard and Adam B. Allen of Sheppard and White, P.A., Jacksonville, for Appellant.

Robert A. Butterworth, Attorney General; Stephen R. White, Assistant Attorney General, Tallahassee, for Appellee.


WEBSTER, Judge.

In this direct criminal appeal, appellant, convicted of second-degree murder with a firearm following his trial on a charge of first-degree murder, seeks a new trial. He claims entitlement to a new trial for two reasons—because he was tried before a jury of six persons, rather than twelve; and because the trial court refused to instruct the jury on the lesser-included offense of third-degree felony murder. We affirm.

Section 913.10,...

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