YORK v. STATE

No. 2D05-2069.

932 So.2d 413 (2006)

James Edward YORK, Jr., Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Second District.

April 21, 2006.


Attorney(s) appearing for the Case

Joseph Gardner Dato of Terry & Dato, Tampa, for Appellant.

Charles J. Crist, Jr., Attorney General, Tallahassee, and Chandra Waite Dasrat, Assistant Attorney General, Tampa, for Appellee.


CANADY, Judge.

James Edward York, Jr., who was convicted of aggravated battery and shooting into a vehicle, argues that a jury instruction regarding justifiable use of force resulted in fundamental error. Because the jury instruction improperly suggested that the jury was required to reject the theory of self-defense on which York relied at trial, we conclude that giving the instruction was fundamental error.

Background

This appeal proceeds...

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