McWHORTER v. STATE

No. 4D06-3390.

971 So.2d 154 (2007)

Jeremiah McWHORTER, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fourth District.

December 12, 2007.


Attorney(s) appearing for the Case

Carey Haughwout, Public Defender, Margaret Good-Earnest, Assistant Public Defender, West Palm Beach, and Andrew Strecker, certified to practice as a member of an out-of-state bar, for appellant.

Bill McCollum, Attorney General, Tallahassee, and Mitchell A. Egber, Assistant Attorney General, West Palm Beach, for appellee.


TAYLOR, J.

Appellant, Jeremiah McWhorter, appeals his conviction for battery, a lesser-included offense of aggravated battery. We reverse because the trial court erred in instructing the jury on self-defense. The instructions given by the court were inconsistent with the new statute, § 776.013, Fla. Stat. (2005), which expanded the right of self-defense and eliminated the "duty to retreat" before using deadly force...

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