says, then i suppose that we're past the holding in shurose, even though by sheppard dicing, it's still considered controlling in this district unless the supreme court has said otherwise. that's my hesitation, i'm still trying to dig through that. >> do you want us to come back to that one? other than that, does the state's version of the instruction comport with the supre supreme court's required for manslaughter by act? >> it seems to, yes. >> so the only issue we have is your determination that the shurose case is covered by this instruction? >> yes. >> okay. we'll come back to that issue. >> thank you, judge. >> the other lesser included requested by the state, and i point out i included the next case, martin versus state, the 1977 decision of the florida supreme court, simply as the reas reason -- and i think i