DEBOSE v. STATE

No. 1D05-0571.

920 So.2d 169 (2006)

Dwayne Anthony DEBOSE, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, First District.

February 6, 2006.


Attorney(s) appearing for the Case

Nancy A. Daniels, Public Defender, and G. Kay Witt, Assistant Public Defender, Tallahassee, for Appellant.

Charlie Crist, Attorney General, and Alan R. Dakan, Assistant Attorney General, Tallahassee, for Appellee.


PER CURIAM.

Appellant argues the trial court reversibly erred on two grounds. First, he argues the trial court fundamentally erred by instructing the jury on the alternate theory of aggravated battery on a law enforcement officer with a deadly weapon, when that crime was not charged. Second, Appellant argues the trial court abused its discretion by instructing the jury on justifiable use of non-deadly force, by including portions of the "aggressor" instruction, thus...

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