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HOWARD v. STATE

No. 96-3267.

711 So.2d 233 (1998)

Mike HOWARD, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fourth District.

May 27, 1998.

Attorney(s) appearing for the Case

Steve M. Glerum of Steve M. Glerum, P.A., Fort Lauderdale, for appellant.

Robert A. Butterworth, Attorney General, Tallahassee, Georgina Jimenez-Orosa, and David M. Schultz, Assistant Attorneys General, West Palm Beach, for appellee.

PER CURIAM.

We affirm appellant's conviction of aggravated battery. There was no evidence to support appellant's claim that he was justified in the use of non-deadly force against the victim to defend against the victim's unlawful use of force against co-defendant Smith, pursuant to section 776.012, Florida Statutes (1997). Smith's statement that appellant might have seen the victim stabbing at Smith was pure speculation, supported not even inferentially be any other...

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