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BATES v. STATE

No. 2D03-3578.

883 So.2d 907 (2004)

Harry BATES, Jr., Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Second District.

October 6, 2004.

Attorney(s) appearing for the Case

James Marion Moorman, Public Defender, and Richard J. Sanders, Assistant Public Defender, Bartow, for Appellant.

Charles J. Crist, Jr., Attorney General, Tallahassee, and Chandra Waite Dasrat, Assistant Attorney General, Tampa, for Appellee.

DAVIS, Judge.

Harry Bates, Jr., challenges his conviction for improper exhibition of a firearm, arguing that he only displayed the barrel of a shotgun, not the entire shotgun, and that the trial court gave improper jury instructions regarding self-defense. While we find no merit in Bates' argument that he did not improperly display a firearm,1 we reverse and remand for a new trial because we conclude that the self-defense jury instruction...

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