WIGGINS v. STATE

No. 1D00-0008.

792 So.2d 642 (2001)

Ronnie WIGGINS, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, First District.

August 27, 2001.


Attorney(s) appearing for the Case

Nancy A. Daniels, Public Defender; Kathleen Stover, Assistant Public Defender, Tallahassee, for Appellant.

Robert A. Butterworth, Attorney General; Thomas D. Winokur, Assistant Attorney General, Tallahassee, for Appellee.


BROWNING, J.

Appellant appeals his conviction for aggravated battery with a deadly weapon, following a bench trial. Appellant argues the trial court misapplied the law to the facts by finding Appellant could not use deadly force in self-defense because he failed to retreat. The State argues Appellant has not demonstrated entitlement to invoke the privilege of nonretreat. We disagree and reverse Appellant's conviction and sentence because Weiand v. State,

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