WALDO v. STATE

No. 97-3482.

728 So.2d 280 (1999)

Larry WALDO, Appellant, v. The STATE of Florida, Appellee.

District Court of Appeal of Florida, Third District.

February 10, 1999.


Attorney(s) appearing for the Case

Bennett H. Brummer, Public Defender, and Howard K. Blumberg, Assistant Public Defender, for appellant.

Robert A. Butterworth, Attorney General, and Roberta G. Mandel, Assistant Attorney General, for appellee.

Before JORGENSON, GERSTEN, and SHEVIN, JJ.


GERSTEN, Judge.

Larry Waldo ("defendant") appeals his conviction for burglary and aggravated battery. He contends that the trial court erred in failing to instruct the jury on the justifiable use of non-deadly force and that his sentence, pursuant to Chapter 95-192, Laws of Florida, otherwise known as the "Evelyn Gort and All Fallen Officers Career Criminal Act of 1995," is unconstitutional. We disagree on both grounds and affirm.

The state presented evidence...

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