Shrum v. State

FRANK D. UPCHURCH, Jr., Judge.,

This is an appeal from a judgment of second degree murder and a sentence of life imprisonment. Appellant contends that the trial court erred in failing to give an instruction on third degree murder. He also alleges that the trial court erred in failing to conduct a Richardson1 inquiry concerning the state’s violation of Florida Rule of Criminal Procedure 3.220. We find no error and AFFIRM.

Appellant was charged with first degree murder and thus was entitled to have the jury advised on all degrees of unlawful homicide. Brown v. State, 124 So.2d 481 (Fla.1960). Had…