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HOUSTON v. STATE

No. 2D04-1194.

919 So.2d 489 (2005)

Cedric Lamar HOUSTON, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Second District.

Rehearing Denied February 3, 2006.

Attorney(s) appearing for the Case

James Marion Moorman, Public Defender, and James Dickson Crock, Special Assistant Public Defender, Bartow, for Appellant.

Charles J. Crist, Jr., Attorney General, Tallahassee, and Tonja Rene Vickers, Assistant Attorney General, Tampa, for Appellee.

SALCINES, Judge.

Cedric Lamar Houston appeals his convictions and sentences for aggravated battery with a deadly weapon and two counts of criminal mischief. We reverse the aggravated battery conviction because we agree with Houston's argument that the jury was improperly instructed on justifiable use of deadly force. Our reversal renders moot Houston's challenge to the prison releasee reoffender sentence imposed for the aggravated battery conviction. We affirm the...

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