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BARKLEY v. STATE

No. 2D98-4969.

750 So.2d 755 (2000)

Clint Michael BARKLEY, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Second District.

February 4, 2000.

Attorney(s) appearing for the Case

James Marion Moorman, Public Defender, and Timothy J. Ferreri, Assistant Public Defender, Bartow, for Appellant.

Robert A. Butterworth, Attorney General, Tallahassee, and Susan D. Dunlevy, Assistant Attorney General, Tampa, for Appellee.

BLUE, Judge.

Clint Michael Barkley appeals his conviction for second-degree murder in the death of Edward Collesano. Barkley argues that the trial court erred in refusing to instruct the jury that he had no duty to retreat from the home before using deadly force in self-defense. Based on the recent supreme court decision in Weiand v. State, 732 So.2d 1044 (Fla.1999), we agree and reverse. As to the second issue on appeal...

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