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CARTEGENA v. STATE

No. 5D04-3286.

909 So.2d 414 (2005)

Pedro CARTEGENA, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fifth District.

August 19, 2005.

Attorney(s) appearing for the Case

James B. Gibson, Public Defender, and Kevin R. Holtz, Assistant Public Defender, Daytona Beach, for Appellant.

Charles J. Crist, Jr., Attorney General, Tallahassee, and Allison Leigh Morris, Assistant Attorney General, Daytona Beach, for Appellee.

GRIFFIN, J.

The defendant in this case, Pedro Cartegena ["Cartegena"], was convicted of aggravated battery and aggravated assault. The sole issue on appeal is whether he was entitled to an instruction on the justified use of nondeadly force.

At trial, the evidence showed that Cartegena got into a fight with a man named Irame Deshommes ["Deshommes"] as the two men were picking up their mail at a post office in Orlando...

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