CHAVERS v. STATE

No. 1D04-0986.

901 So.2d 409 (2005)

Clyde CHAVERS, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, First District.

May 18, 2005.


Attorney(s) appearing for the Case

Nancy A. Daniels, Public Defender, and M. Gene Stephens, Assistant Public Defender, Tallahassee, for Appellant.

Charlie Crist, Attorney General, and Thomas D. Winokur, Assistant Attorney General, Tallahassee, for Appellee.


ERVIN, J.

In his appeal from a conviction for discharge of a firearm into an occupied vehicle, Clyde Chavers asserts the trial court erred in refusing to instruct the jury on the justifiable use of force in self-defense. We agree and reverse and remand with directions that a new trial be conducted.

We review a trial court's decision on the giving or withholding of a proposed jury instruction under the abuse of discretion standard. See Langston v. State...

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