KEITH v. STATE

No. 91-2954.

614 So.2d 560 (1993)

David KEITH, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, First District.

Rehearing Denied March 15, 1993.


Attorney(s) appearing for the Case

Leslie Holland of Leslie Holland, P.A., Tallahassee, for appellant.

Robert A. Butterworth, Atty. Gen., and Marilyn McFadden, Asst. Atty. Gen., Tallahassee, for appellee.


ALLEN, Judge.

The appellant appeals from his conviction and sentence for aggravated battery. At trial, the appellant's primary defense was that he acted in self-defense. The judge gave the standard jury instruction on justifiable use of nondeadly force, which advised the jury that "[t]he defendant cannot justify his use of force not likely to cause death or great bodily harm unless he used every reasonable means within his power and consistent with his own safety...

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