KIRKLAND-EL v. STATE

No. 4D03-1909.

883 So.2d 383 (2004)

Immanuel KIRKLAND-EL, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fourth District.

September 29, 2004.


Attorney(s) appearing for the Case

Carey Haughwout, Public Defender, and Patrick B. Burke, Assistant Public Defender, West Palm Beach, for appellant.

Charles J. Crist, Jr., Attorney General, Tallahassee, and Donna M. Hoffmann, Assistant Attorney General, West Palm Beach, for appellee.


WARNER, J.

After having agreed to delete a jury instruction on the duty to retreat in appellant's trial for aggravated battery with a deadly weapon, the trial court changed its mind and instructed the jury that appellant had such a duty, undermining the defense's closing argument. We conclude that this change denied appellant a fair trial and reverse.

Appellant, Immanuel Kirkland-El, was charged with aggravated battery...

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