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ORTIZ v. STATE

No. 2D05-5338.

942 So.2d 1013 (2006)

Mario Reyes ORTIZ, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Second District.

December 6, 2006.

Attorney(s) appearing for the Case

Kimberly Nolen Hopkins, Tampa, for Appellant.

Charles J. Crist, Jr., Attorney General, Tallahassee, and Elba Caridad Martin, Assistant Attorney General, Tampa, for Appellee.

ALTENBERND, Judge.

Mario Reyes Ortiz appeals a judgment for aggravated battery with a firearm resulting in great bodily harm, asserting that the trial court committed fundamental error in providing a circular jury instruction on the justifiable use of force. We reverse based upon the controlling precedent of Smith v. State, 933 So.2d 1275 (Fla. 2d DCA 2006); see also Velazquez v. State, 884 So.2d 377...

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