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RICH v. STATE

No. 4D02-3588.

858 So.2d 1210 (2003)

Stanley RICH, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fourth District.

November 12, 2003.

Attorney(s) appearing for the Case

Carey Haughwout, Public Defender, and Tatjana Ostapoff, Assistant Public Defender, West Palm Beach, for appellant.

Charles J. Crist, Jr., Attorney General, Tallahassee, and Joseph A. Tringali, Assistant Attorney General, West Palm Beach, for appellee.

PER CURIAM.

We reverse appellant's conviction for aggravated battery because the trial court negated appellant's self-defense claim by instructing the jury that the use of force was not justified if appellant was committing or attempting to commit aggravated battery. In Giles v. State, 831 So.2d 1263, 1265 (Fla. 4th DCA 2002), we held that this instruction, which is based upon section 776.041, Florida Statutes (2002), was...

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