CARTER v. STATE

No. 5D03-3020.

889 So.2d 937 (2004)

Howard Wayne CARTER, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fifth District.

December 17, 2004.


Attorney(s) appearing for the Case

James B. Gibson, Public Defender, and Susan A. Fagan, Assistant Public Defender, Daytona Beach, for Appellant.

Charles J. Crist, Jr., Attorney General, Tallahassee, and Belle B. Schumann, Assistant Attorney General, Daytona Beach, for Appellee.


PLEUS, J.

The defendant appeals from his conviction for second degree murder while carrying and discharging a firearm. His sole point on appeal is that the trial court committed fundamental error in instructing, in connection with his claim of self-defense, on the "forcible felony" exception to self-defense.

The defendant was charged with first degree murder in the shooting death of Braulio Ventura. The State presented testimony that after the defendant and...

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