Lackner v. State

COWART, Judge.

Charged with premeditated first degree murder (§ 782.04(1)(a), Fla.Stat.), the defendant was not entitled to a jury instruction and verdict alternative for a lesser included offense of the non-homicide offense of aggravated battery (§ 784.045(1), Fla.Stat.). Martin v. State, 342 So.2d 501 (Fla.1977).

Appellant’s other points on appeal are, likewise, without merit.

AFFIRMED.

SHARP, C.J., and GOSHORN, J., concur.