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BROWN v. STATE

No. 2D04-2195.

909 So.2d 975 (2005)

Adrian Devan BROWN, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Second District.

September 9, 2005.

Attorney(s) appearing for the Case

James Marion Moorman, Public Defender, and Douglas S. Connor, Assistant Public Defender, Bartow, for Appellant.

Charles J. Crist, Jr., Attorney General, Tallahassee, and Susan D. Dunlevy, Assistant Attorney General, Tampa, for Appellee.

LaROSE, Judge.

Adrian Devan Brown appeals his conviction and fifteen-year sentence for aggravated battery. He contends that he is entitled to a new trial due to fundamental error in the self-defense jury instructions given at his trial. We agree and reverse.

The self-defense instruction given at trial was disapproved as circuitous and misleading in Giles v. State, 831 So.2d 1263 (Fla. 4th DCA 2002), a case decided...

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