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PERMENTER v. STATE

No. 4D07-2373.

978 So.2d 277 (2008)

Lawrence C. PERMENTER, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fourth District.

April 16, 2008.

Attorney(s) appearing for the Case

Jason T. Forman of Law Offices of Jason T. Forman, P.A., Fort Lauderdale, for appellant.

Bill McCollum, Attorney General, Tallahassee, and Daniel P. Hyndman, Assistant Attorney General, West Palm Beach, for appellee.

STONE, J.

The state charged Permenter with a single count of second-degree murder. Permenter's sole defense was that he acted in self-defense. In instructing the jury on self-defense, the trial court read, without objection, the following instruction:

The person is justified in using force likely to cause death or great bodily harm if he reasonably believes that such force is necessary to prevent imminent or great bodily harm to himself or the imminent commission...

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