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THOMAS v. STATE

No. 3D-01-1849.

831 So.2d 253 (2002)

Rooney Lee THOMAS, Appellant, v. The STATE of Florida, Appellee.

District Court of Appeal of Florida, Third District.

November 27, 2002.

Attorney(s) appearing for the Case

Bennett H. Brummer, Public Defender, and Howard K. Blumberg, Assistant Public Defender, for appellant.

Richard E. Doran, Attorney General, and Erin K. Zack, Assistant Attorney General, for appellee.

Before LEVY, GERSTEN, and GODERICH, JJ.

PER CURIAM.

Rooney Lee Thomas ("defendant") appeals his conviction and sentence for aggravated battery. We reverse because the trial court erred in its instructions to the jury.

An incorrect jury instruction on the defense of justifiable use of deadly and non-deadly force constitutes fundamental error if there is a reasonable possibility that the instruction may have led to the conviction. See Pollock v. State, 818 So.2d 654

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