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PIMENTEL v. STATE

No. 82-1200.

442 So.2d 228 (1983)

Edgar PIMENTEL, Appellant, v. The STATE of Florida, Appellee.

District Court of Appeal of Florida, Third District.

Rehearing Denied October 10, 1983.

Attorney(s) appearing for the Case

Bennett H. Brummer, Public Defender, and Rory S. Stein, Asst. Public Defender, for appellant.

Jim Smith, Atty. Gen., and Richard E. Doran, Asst. Atty. Gen., for appellee.

Before HENDRY, NESBITT and BASKIN, JJ.

NESBITT, Judge.

We affirm the defendant's conviction of second degree murder as a youthful offender upon a holding that: (a) the defendant's own testimony that he shot the victim accidentally and not to protect himself precluded the necessity of any instruction on self defense. See generally Pearson v. State, 221 So.2d 760 (Fla. 2d DCA 1969) (jury instruction on entrapment is not required where defendant denies having...

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