MILLER v. STATE

No. 92-1401.

613 So.2d 530 (1993)

Bryan MILLER, Appellant, v. The STATE of Florida, Appellee.

District Court of Appeal of Florida, Third District.

Rehearing Denied March 16, 1993.


Attorney(s) appearing for the Case

Bennett H. Brummer, Public Defender, and Marti Rothenberg, Asst. Public Defender, for appellant.

Robert A. Butterworth, Atty. Gen., and Roberta G. Mandel, Asst. Atty. Gen., for appellee.

Before HUBBART, NESBITT and BASKIN, JJ.


PER CURIAM.

This is an appeal by the defendant Bryan Miller from a judgment of conviction and sentence for aggravated assault. The defendant's sole point on appeal is that the trial court erred in refusing to instruct the jury on the justifiable use of non-deadly force [Fla.Std. Jury Instr. 3.04(e)], and, instead, instructing the jury on the justifiable use of deadly force [Fla.Std. Jury Instr. 3.04(d)]. We find no reversible error in this point and affirm.

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