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BRUCE v. STATE

No. 84-515.

489 So.2d 1191 (1986)

Leroy BRUCE, Appellant, v. The STATE of Florida, Appellee.

District Court of Appeal of Florida, Third District.

Rehearing Denied July 9, 1986.

Attorney(s) appearing for the Case

Bennett H. Brummer, Public Defender, and David B. Javits, Special Asst. Public Defender, for appellant.

Jim Smith, Atty. Gen., and Calvin L. Fox, Asst. Atty. Gen., for appellee.

Before HENDRY, NESBITT and JORGENSON, JJ.

PER CURIAM.

We affirm appellant Bruce's conviction and sentence for attempted second degree murder upon a holding that even though the victim in this case was not present during the trial, the state sustained its evidentiary burden by presenting the testimony of an eyewitness who could rebut appellant's direct testimony that he acted in self-defense. In this regard, this case is distinguishable from Ferguson v. State, 379 So.2d 163

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