HOWARD v. STATE

No. 89-850.

561 So.2d 1362 (1990)

Maurice HOWARD, Appellant, v. The STATE of Florida, Appellee.

District Court of Appeal of Florida, Third District.

June 12, 1990.


Attorney(s) appearing for the Case

Bennett H. Brummer, Public Defender, and Leslie C. Elrod, Special Asst. Public Defender, for appellant.

Robert A. Butterworth, Atty. Gen., and Monique T. Befeler, Asst. Atty. Gen., for appellee.

Before HUBBART, NESBITT and GODERICH, JJ.


CONFESSION OF ERROR

PER CURIAM.

As the State properly concedes, the trial court erred in not giving the jury an instruction on defense of property, upon request of the defendant, where ample evidence existed in the record to support the giving of this instruction.

The law is clear that a defendant is entitled to have the jury instructed on the law applicable to his theory of defense where there is any evidence introduced in support thereof. Bryant...

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