Flounory v. State

ON MOTION FOR REHEARING

Appellant’s motion for rehearing is denied. However, we amend and republish our opinion of March 13,1996, as follows:

Affirmed. Martin v. State, 342 So.2d 501 (Fla.1977) (jury instructions in a homicide case should be limited to the degrees of homicide).

The trial court did not err in failing to instruct the jury on a non-homicide lesser included offense. We have considered Walker v. State, 671 So.2d 817. (Fla. 4th DCA 1996) and Rossi v. State, 602 So.2d 614 (Fla. 4th DCA 1992), and deem them inapposite, as here there is no evidence that the victim’s death resulted from…