GREGORY v. STATE

No. 4D04-1378.

937 So.2d 180 (2006)

Richard GREGORY, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fourth District.

August 16, 2006.


Attorney(s) appearing for the Case

John H. Lipinski of the Law Office of J.H. Lipinski, Pembroke Pines, for appellant.

Charles J. Crist, Jr., Attorney General, Tallahassee, and Daniel P. Hyndman, Assistant Attorney General, West Palm Beach, for appellee.


TAYLOR, J.

Richard Gregory appeals his criminal conviction and sentence for burglary of a dwelling with a battery. He contends that the trial court erred in denying his motion for judgment of acquittal and in failing to instruct the jury on justifiable use of force. We find no error in the denial of the defendant's motion for judgment of acquittal, but agree that the court erred in denying the defendant's request for the self-defense instruction. We therefore reverse...

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