Opinion
No. 85-2550.
January 30, 1990.
An Appeal from the Circuit Court for Dade County; Ralph N. Person, Judge.
Bennett H. Brummer, Public Defender and Steven H. Kassner, Sp. Asst. Public Defender, for appellant.
Robert A. Butterworth, Atty. Gen., and Patricia Ann Ash, Asst. Atty. Gen., for appellee.
Before SCHWARTZ, C.J., and JORGENSON and LEVY, JJ.
The defendant was charged with first degree murder and convicted of second degree murder. His only claim on appeal is that the trial court erred in failing to instruct the jury on third degree felony murder allegedly arising out of an aggravated assault. We hold that there is no evidence of such a third degree murder and thus no error in refusing to give the instruction. Green v. State, 475 So.2d 235 (Fla. 1985).
Affirmed.