McGowan v. State

BASKIN, Judge. Defendant McGowan has failed to preserve for review * any error resulting from the trial court’s refusal to- instruct the jury on lesser included offenses pertaining to premeditated or felony murder. Shrum v. State, 401 So.2d 941 (Fla. 5th DCA 1981); Skipper v. State, 400 So.2d 797 (Fla. 1st DCA 1981); Worley v. State, 396 So.2d 1153 (Fla. 2d DCA 1981); Williams v. State, 346 So.2d 554 (Fla. 3d DCA), cert. denied, 353 So.2d 681 (Fla.1977). Affirmed. Footnotes [*] The record reveals that defense counsel indicated his satisfaction with the instructions to be given by the court. THE COURT: So first, we get the lesser crimes. All right. ‘Introduction to homicide,’ second sentence, second paragraph, ‘Murder in the first-degree includes the lesser crime of manslaughter.’ ‘The lesser crime of manslaughter.’ [ASSISTANT STATE ATTORNEY]: Okay. Right. THE COURT: ‘Which is unlawful.’ [ASSISTANT STATE ATTORNEY]: Right, and then going down— THE COURT: Then, we get down to ‘killing was first-degree or manslaughter.’ We strike murder in the second or first degree, whatever we have changed. All right. I am satisfied with that under the circumstances. Now, let’s see— [ASSISTANT STATE ATTORNEY]: Are you satisfied with that Mr. Meadows? [DEFENSE COUNSEL]: Yes, sir.