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BURTON v. STATE

No. 98-01689.

745 So.2d 426 (1999)

Kenneth BURTON, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Second District.

Rehearing Denied December 2, 1999.

Attorney(s) appearing for the Case

Wendy E. Friedberg, Orlando, for Appellant.

Robert A. Butterworth, Attorney General, Tallahassee, and Stephen D. Ake, Assistant Attorney General, Tampa, for Appellee.

SALCINES, Judge.

On appeal, Kenneth Burton raises two issues of which only one merits discussion. Burton raised a theory of self-defense. His trial counsel attempted to question Burton concerning prior acts of violence by the victim of which he was aware. The trial court improperly precluded the introduction of this evidence. See Smith v. State, 661 So.2d 358, 361 (Fla. 1st DCA 1995). However, this court cannot ascertain...

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