WILSON v. STATE

No. 2D05-3851.

944 So.2d 1244 (2006)

Dwayne Ricardo WILSON, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Second District.

December 29, 2006.


Attorney(s) appearing for the Case

James Marion Moorman, Public Defender, and Jack W. Shaw, Jr., Special Assistant Public Defender, Bartow, for Appellant.

Charles J. Crist, Jr., Attorney General, Tallahassee, and Anne Sheer Weiner, Assistant Attorney General, Tampa, for Appellee.


FULMER, Chief Judge.

Dwayne Ricardo Wilson appeals his judgment and sentence for second-degree murder. We affirm the denial of Wilson's motion for judgment of acquittal without comment. However, because the jury instruction on self-defense constituted fundamental error under established case law, as the State concedes, we reverse.

Wilson was charged with one count of second-degree murder in the stabbing death of Michael Harris. At trial, Wilson's sole defense...

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