CANCEL v. STATE

No. 5D07-824.

985 So.2d 1127 (2008)

Carlos CANCEL, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fifth District.

Rehearing Denied July 24, 2008.


Attorney(s) appearing for the Case

James S. Purdy, Public Defender, and Henry T. Swann, III, Assistant Public Defender, Daytona Beach, for Appellant.

Bill McCollum, Attorney General, Tallahassee, and Kristen L. Davenport, Assistant Attorney General, Daytona Beach, for Appellee.


COHEN, J.

Carlos Cancel appeals his conviction for murder in the second degree with a weapon. The issue for our determination is whether Cancel was deprived of a fair trial because the trial court erroneously instructed the jury on the forcible felony exception to the justifiable use of deadly force. We affirm.

Factual Background

Cancel drove to the Party Liquor store to purchase cigarettes and snacks. Parking in front of the store, Cancel...

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