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JENKINS v. STATE

No. 2D06-609.

993 So.2d 1008 (2008)

Jacqueline JENKINS, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Second District.

January 4, 2008.

Attorney(s) appearing for the Case

James Marion Moorman, Public Defender, and Alisa Smith, Assistant Public Defender, Bartow, for Appellant.

Bill McCollum, Attorney General, Tallahassee, and Dale E. Tarpley, Assistant Attorney General, Tampa, for Appellee.

SALCINES, Judge.

Jacqueline Jenkins appeals her conviction for manslaughter. We reverse and remand for a new trial.

Jenkins was charged with one count of manslaughter. No other independent forcible felonies were charged. The trial court gave the following self-defense instruction:

However, the use of force likely to cause death or great bodily harm is not justified—or justifiable if you find: One, Jacqueline Jenkins was attempting to commit...

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