BUTLER v. STATE

No. AZ-250.

476 So.2d 1334 (1985)

Daniel R. BUTLER, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, First District.

Rehearing Denied November 7, 1985.


Attorney(s) appearing for the Case

Michael E. Allen, Public Defender, and Michael J. Minerva, Asst. Public Defender, Tallahassee, for appellant.

Jim Smith, Atty. Gen., and Andrea Smith Hillyer, Asst. Atty. Gen., Tallahassee, for appellee.


BARFIELD, Judge.

The defendant, Daniel R. Butler, appeals from his conviction and sentence for burglary with a firearm and attempted first degree murder. The issue before the court is whether it was error for the trial court to instruct the jury on a modified form of Florida Standard Jury Instruction (Criminal) 3.04(d), pertaining to the justifiable use of force. We hold that it was error to so instruct, but such error under the circumstances of this case was...

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