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ESPINOSA v. STATE

No. 85-1001.

496 So.2d 236 (1986)

Roberto ESPINOSA, Appellant, v. The STATE of Florida, Appellee.

District Court of Appeal of Florida, Third District.

October 28, 1986.

Attorney(s) appearing for the Case

Bennett H. Brummer, Public Defender and Margaret S. Brodsky, Sp. Asst. Public Defender, for appellant.

Jim Smith, Atty. Gen., and Ralph Barreira, Asst. Atty. Gen., for appellee.

Before SCHWARTZ, C.J., and BARKDULL and HUBBART, JJ.

SCHWARTZ, Chief Judge.

Espinosa was indicted for first-degree murder and found guilty of the lesser offense of aggravated battery. The only appellate point he raises concerning the conviction claims error in the following instruction, given over objection:

It is the general law of this State that when the prosecution has produced evidence of the connection between the act complained of and the death, it is the duty of the defendant to come forward with evidence...

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