MOORE v. STATE

No. 2D04-1953.

912 So.2d 1252 (2005)

John Paul MOORE, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Second District.

October 28, 2005.


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 Deborah Fraim Hogge, Assistant Attorney General, Tampa, for Appellee.


FULMER, Chief Judge.

John Paul Moore challenges his conviction for aggravated battery with a deadly weapon. Because the trial court erred in giving an inaccurate and misleading instruction on the issue of justifiable use of deadly force, we reverse.

Moore contends that the trial court erred in instructing the jury that: "the use of force likely to cause death or great bodily harm is not justifiable if you find John Paul Moore was attempting to commit, committing...

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