STEWART v. STATE

No. 95-01141.

672 So.2d 865 (1996)

Mark STEWART, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Second District.

Rehearing Denied May 3, 1996.


Attorney(s) appearing for the Case

Charlie Ann Scott of Scott & Williams, P.A., Sarasota, for Appellant.

Robert A. Butterworth, Attorney General, Tallahassee, and Wendy Buffington, Assistant Attorney General, Tampa, for Appellee.


SCHOONOVER, Acting Chief Judge.

The appellant, Mark Stewart, challenges the judgment and sentence imposed upon him after a jury found him guilty of aggravated assault while armed with a firearm. We find that the trial court erred by refusing to instruct the jury on self-defense and, accordingly, reverse and remand for a new trial.

The appellant was charged with aggravated assault while armed with a firearm as the result of an incident which occurred in a shopping...

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