BROOKINS v. STATE

No. 85-766.

485 So.2d 844 (1986)

Ather BROOKINS, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fourth District.

Rehearing Denied April 2, 1986.


Attorney(s) appearing for the Case

Richard L. Jorandby, Public Defender, and Margaret Good, Asst. Public Defender, West Palm Beach, for appellant.

Jim Smith, Atty. Gen., Tallahassee, and Penny H. Brill, Asst. Atty. Gen., West Palm Beach, for appellee.


PER CURIAM.

Affirmed.

ANSTEAD and DELL, JJ., concur.

WALDEN, J., dissents with opinion.

WALDEN, Judge, dissenting:

I would reverse because, in my opinion, the trial court erred in denying the defendant's motion for judgment of acquittal when the state's evidence established that the defendant was justified in resisting the deceased's commission of a felony upon the defendant or in the dwelling where the defendant was at the time of...

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