TUCKER v. STATE

No. 4D06-3238.

972 So.2d 1062 (2008)

James TUCKER, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fourth District.

January 23, 2008.


Attorney(s) appearing for the Case

Michael Salnick of Salnick, Fuchs & Bertisch, P.A., West Palm Beach, for appellant.

Bill McCollum, Attorney General, Tallahassee, and Sue-Ellen Kenny, Assistant Attorney General, West Palm Beach, for appellee.


KLEIN, J.

Appellant was convicted of attempted first degree murder among other crimes, and argues that the trial court committed fundamental error in giving the forcible felony exception as part of the self defense jury instruction. We reverse for a new trial.

Appellant shot two people, one intentionally, and the other, according to appellant, accidentally. The intended victim had allegedly threatened to kill appellant, and appellant testified when he heard...

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