constructi instruction reads. the next case is a-l-f-i-e-r-i. which is a fourth district court of appeal case from 1998. that stands for again simply the proposition under headnote 3. here again, we re talking about third degree felony murder in any felony murder prosecution the state must prove the underlying felony beyond a reasonable doubt. don t have to necessarily charge it although i submit the information contains the requisite requirements but we have to establish it. that is the reason the instruction language is given. finally, f-a-y-s-o-n versus state, which is 684 southern 2nd 270, a 1996 decision from the first district court of appeal. i m reading from page 2 of that copy. headnote 2. the facts in that case, they describe the similarity to another case called gonzalez.
g-o-n-z-a-l-e-z. argue that the convictions of the lesser included offense of third degree felony murder and attempted felony murder were inconsiste inconsistent. the court went on to say that, no, and i m reading from the second column that s one of the prosecutors reviewing a lot of case history why he believes third degree felony murder charge should be added, should be considered by this jury in addition to the second degree murder charge. the judge earlier rules manslaughter will be allowed to be consider by the jury. the state earlier said aggravated assault. they know longer wanted that to be included. let s get some quick analysis. paul and pagep ark pate is stilh us. explain the third degree murder charge they want to be