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HOFFERT v. STATE

No. 91-1402.

606 So.2d 1254 (1992)

Donald B. HOFFERT, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fourth District.

Rehearing Denied December 2, 1992.

Attorney(s) appearing for the Case

Richard L. Jorandby, Public Defender, and Louis G. Carres, Asst. Public Defender, West Palm Beach, for appellant.

Robert A. Butterworth, Atty. Gen., Tallahassee, and Melynda L. Melear, Asst. Atty. Gen., West Palm Beach, for appellee.

PER CURIAM.

This is an appeal from a conviction and sentence following retrial of appellant occasioned by our earlier reversal in Hoffert v. State, 559 So.2d 1246 (Fla. 4th DCA), rev. denied, 570 So.2d 1306 (Fla. 1990).

It is first contended that, as in the prior case, the "sudden combat" instruction given the jury was improper and again requires reversal.

The trial court gave the following jury instruction...

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