Allen v. State

424 So.2d 101 (1982)

Mackie Roy ALLEN, Appellant,

v.

STATE of Florida, Appellee.

No. AJ-460.

District Court of Appeal of Florida, First District.

December 16, 1982.

Rehearing Denied January 14, 1983.

Steven L. Bolotin, Asst. Public Defender, Tallahassee, for appellant.

Jim Smith, Atty. Gen., and Wallace E. Allbritton, Asst. Atty. Gen., Tallahassee, for appellee.

SHIVERS, Judge.

Allen appeals his conviction and sentence for attempted first degree murder and attempted robbery with a firearm. He argues that the trial court erred in instructing the jury that it could not acquit the defendant on the ground…