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ZUNIGA v. STATE

No. 2D03-1385.

869 So.2d 1239 (2004)

Armando ZUNIGA, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Second District.

March 31, 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 Richard M. Fishkin, Assistant Attorney General, Tampa, for Appellee.

FULMER, Judge.

Armando Zuniga appeals his conviction for aggravated battery with a deadly weapon. We reverse and remand for a new trial because the trial court committed fundamental error in instructing the jury on Zuniga's self-defense claim.

Zuniga argues that the trial court erred in giving the following instruction:

An issue in this case is whether the defendant acted in self-defense. It is a defense to the offense with which Armando Zuniga is...

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