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COX v. STATE

No. 98-3701.

739 So.2d 1279 (1999)

James COX, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fourth District.

September 8, 1999.

Attorney(s) appearing for the Case

Richard L. Jorandby, Public Defender, and Joseph R. Chloupek, Assistant Public Defender, West Palm Beach, for appellant.

Robert A. Butterworth, Attorney General, Tallahassee, and Joseph A. Tringali, Assistant Attorney General, West Palm Beach, for appellee.

PER CURIAM.

The state concedes error was committed when the jury was instructed the defendant, a co-occupant of the premises, had a duty to retreat. On authority of Weiand v. State, 732 So.2d 1044 (Fla.1999), we reverse and remand for a new trial with direction to the trial court to give a jury instruction in accordance with Weiand.

REVERSED and REMANDED.

DELL, GUNTHER and STONE...

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