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STATE v. HOLLEY

No. 65824.

480 So.2d 94 (1985)

STATE of Florida, Petitioner, v. Ernie Ray HOLLEY, Respondent.

Supreme Court of Florida.

December 12, 1985.

Attorney(s) appearing for the Case

Jim Smith, Atty. Gen. and Wallace E. Allbritton, Asst. Atty. Gen., Tallahassee, for petitioner.

Michael E. Allen, Public Defender and Glenna Joyce Reeves, Asst. Public Defender, Second Judicial Circuit, Tallahassee, for respondent.

OVERTON, Justice.

This is a petition to review Holley v. State, 464 So.2d 578 (Fla. 1st DCA 1984), in which the district court held that the trial judge erred in instructing the jury on self-defense because he failed to instruct that a person may defend himself against the use of unlawful or excessive force even when being arrested. After so holding, the district court certified the following question as one of great public...

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