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GRIER v. STATE

No. 3D04-930.

928 So.2d 368 (2006)

Eric Eugene GRIER, Appellant, v. The STATE of Florida, Appellee.

District Court of Appeal of Florida, Third District.

Rehearing Denied April 6, 2006.

Attorney(s) appearing for the Case

Bennett H. Brummer, Public Defender, and Howard K. Blumberg, Assistant Public Defender, for appellant.

Charles J. Crist, Jr., Attorney General, and Lucretia A. Pitts, Assistant Attorney General, for appellee.

Before FLETCHER, WELLS, and SHEPHERD, JJ.

WELLS, J.

Eric Eugene Grier appeals from a second degree murder conviction claiming that the deadly force instruction read to the jury constituted reversible error. We agree, reverse Grier's conviction and sentence, and remand for a new trial.

Grier was convicted for the second degree murder of Willie Walls. Walls was married to, but separated from, Grier's mother. On the day of Walls' death, Grier, who maintained...

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