SMITH v. STATE

No. 95-03133.

698 So.2d 632 (1997)

George Grady SMITH, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Second District.

September 3, 1997.


Attorney(s) appearing for the Case

James Marion Moorman, Public Defender, Bartow, and Carol J.Y. Wilson, Assistant Public Defender, Clearwater, Bartow, for Appellant.

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


BLUE, Judge.

George Grady Smith appeals his conviction and sentence for burglary with a battery. He raises four issues for our consideration, one of which requires that we reverse and remand for a new trial. We reverse because the trial court erred when it granted the State's request for a jury instruction on justifiable use of nondeadly force over the objection of Smith.

The victim was in her apartment taking a bath when she discovered a strange man with...

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