GARRAMONE v. STATE

Nos. 92-2381, 92-2382.

636 So.2d 869 (1994)

Mark GARRAMONE, Appellant, v. STATE of Florida, Appellee. David Rodgers, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fourth District.

May 11, 1994.


Attorney(s) appearing for the Case

Richard L. Jorandby, Public Defender, and Cherry Grant, Asst. Public Defender, West Palm Beach, for appellant-Garramone.

John Brewer, Lake Worth, for appellant-Rodgers.

Robert A. Butterworth, Atty. Gen., Tallahassee, and Carol Cobourn Asbury, Asst. Atty. Gen., West Palm Beach, for appellee.


PARIENTE, Judge.

Appellants, Mark Garramone and David Rodgers (defendants), were both charged with second degree murder. They were jointly tried and convicted of manslaughter, a lesser included offense. We sua sponte consolidate the appeals.

Defendants assert prejudicial error resulting from the trial court's failure to give a standard jury instruction on the justifiable use of non-deadly force. The essence of the defense was that the defendants acted in self...

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