POZO v. STATE

No. 95-1427.

682 So.2d 1124 (1996)

Tony POZO, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, First District.

Opinion Clarifying Decision on Denial of Rehearing November 13, 1996.


Attorney(s) appearing for the Case

Nancy A. Daniels, Public Defender; David P. Gauldin, Assistant Public Defender, Tallahassee, for Appellant.

Robert A. Butterworth, Attorney General; Trisha E. Meggs, Assistant Attorney General, Tallahassee, for Appellee.


MICKLE, Judge.

In this direct appeal of a conviction for second-degree murder (Count One) and armed trespass (Count Two), the appellant asserts that the trial court reversibly erred 1) by allowing into evidence the putrid, bloodied T-shirts worn by the appellant and the stabbing victim during the fatal struggle; 2) by refusing to give a requested jury instruction on the justifiable use of deadly force in a defendant's own home; 3) by failing to declare a mistrial...

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