MARSHALL v. STATE

No. 99-1376.

747 So.2d 1045 (2000)

Karl F. MARSHALL, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fourth District.

January 5, 2000.


Attorney(s) appearing for the Case

Richard L. Jorandby, Public Defender, and Anthony Calvello, Assistant Public Defender, West Palm Beach, for appellant.

Robert A. Butterworth, Attorney General, Tallahassee, and Frank J. Ingrassia, Assistant Attorney General, West Palm Beach, for appellee.


WARNER, C.J.

At his trial for aggravated assault with a firearm, appellant, who claimed self-defense, withdrew his request for an instruction on justifiable use of deadly force after the trial court agreed to give the instruction on justifiable use of non-deadly force. Because the state argued that the force, which involved the use of a gun, was deadly, the trial court gave both defense instructions. Appellant was convicted of improper exhibition of a dangerous weapon...

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