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HUDAK v. STATE

No. 83-2212.

457 So.2d 594 (1984)

Edward HUDAK, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fourth District.

October 17, 1984.

Attorney(s) appearing for the Case

John F. Evans and G. Richard Strafer of Zuckerman, Spaeder, Taylor & Evans, Coral Gables, for appellant.

Jim Smith, Atty. Gen., Tallahassee, and Robert L. Teitler, Asst. Atty. Gen., West Palm Beach, for appellee.

PER CURIAM.

Hudak, a barroom bouncer, was tried by jury and found guilty of battery, contrary to Section 784.03, Florida Statutes (1982), based on an altercation in which the victim received a broken jaw. Hudak appeals. We reverse and remand for a new trial based on these errors:

First, the defense presented evidence of self-defense. Therefore, it was reversible error for the trial court to refuse to give requested instruction No. 3.04(d), Self-defense, Justifiable...

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