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FORSHEE v. STATE

No. 96-3093.

695 So.2d 951 (1997)

Alvin Jerome FORSHEE, Appellant, v. The STATE of Florida, Appellee.

District Court of Appeal of Florida, Third District.

July 9, 1997.

Attorney(s) appearing for the Case

Sharpstein & Sharpstein and Ada Manzano Avallone, Miami, for appellant.

Robert A. Butterworth, Attorney General, and Cynthia A. Greenfield, Assistant Attorney General, for appellee.

Before NESBITT, LEVY and SHEVIN, JJ.

CONFESSION OF ERROR

PER CURIAM.

Based on the state's proper confession of error on defendant's points on appeal, we reverse the judgment of conviction for second degree murder, vacate defendant's sentence and remand for a new trial. First, the court erred in giving a Marrero1 instruction rather than instructing the jury on justifiable use of deadly force, where, as here, defendant was not charged with possession...

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