Lynch v. State

ON PETITION TO TRANSFER

KRAHULIK, Justice.

This matter is before us on Lynch's Petition to Transfer from the Third District Court of Appeals. In an opinion reported at 552 N.E.2d 56 (Garrard, J. dissenting) the Court of Appeals upheld Lynch's conviction for murder. The only issue raised by Lynch in his petition is whether the trial court properly refused his tendered instruction on involuntary manslaughter as a lesser included offense of murder. Because we find that Lynch was entitled to such an instruction, we now grant transfer, vacate the opinion of the Court of Appeals, reverse the decision…