JONES v. STATE

No. 1D03-2384.

886 So.2d 257 (2004)

Richard JONES, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, First District.

October 25, 2004.


Attorney(s) appearing for the Case

William J. Sheppard and D. Gray Thomas, of Sheppard, White and Thomas, P.A., Jacksonville, for Appellant.

Charlie Crist, Attorney General; and Elizabeth F. Duffy, Assistant Attorney General, Tallahassee, for Appellee.


BROWNING, J.

Appellant raises two issues on appeal of his conviction for attempted second-degree murder. Because the second issue has merit and is dispositive, we need not address the first issue. As his second issue, Appellant alleges that the trial court erred in refusing to instruct the jury that resistance to an attempt to commit a forcible felony can justify the use of deadly force. Because we hold that the instruction should have been given, we reverse Appellant...

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