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GARRELL v. STATE

No. 2D06-2645.

972 So.2d 240 (2007)

Joseph Lushington GARRELL, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Second District.

Rehearing Denied February 8, 2008.

Attorney(s) appearing for the Case

James Marion Moorman, Public Defender, and Siobhan Helene Shea, Special Assistant Public Defender, Bartow, for Appellant.

Bill McCollum, Attorney General, Tallahassee, and Sonya Roebuck Horbelt, Assistant Attorney General, Tampa, for Appellee.

CASANUEVA, Judge.

Joseph Lushington Garrell contends that several instances of trial court error warrant a new trial. We agree with his contention that the trial court erred by providing the jury with an instruction on the justifiable use of force that included the forcible-felony exception to self-defense. Accordingly, we reverse and remand for a new trial.

FACTUAL AND PROCEDURAL BASIS

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