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MARTINEZ v. STATE

No. 3D04-1521.

933 So.2d 1155 (2006)

Eric MARTINEZ, Appellant, v. The STATE of Florida, Appellee.

District Court of Appeal of Florida, Third District.

Rehearing and Rehearing Denied July 5, 2006.

Attorney(s) appearing for the Case

Bennett H. Brummer, Public Defender, and Robert Godfrey, Assistant Public Defender, for appellant.

Charles J. Crist, Jr., Attorney General, and Richard L. Polin, Assistant Attorney General, for appellee.

Before GREEN, CORTIÑAS, and ROTHENBERG, JJ.

Rehearing and Rehearing En Banc Denied July 5, 2006.

ROTHENBERG, Judge.

The sole issue raised in this appeal is whether the self-defense or justifiable use of deadly force instruction provided to the jury constitutes reversible error. The information charges the defendant with committing an attempted first degree premeditated murder upon his girlfriend, Ms. Rijo, and in the course of committing the attempted premeditated murder upon her, committing an aggravated...

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