FARMER v. STATE

No. 4D06-4340.

975 So.2d 1275 (2008)

David W. FARMER, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fourth District.

March 19, 2008.


Attorney(s) appearing for the Case

John F. Cotrone, Fort Lauderdale, for appellant.

Bill McCollum, Attorney General, Tallahassee, and Diane F. Medley, Assistant Attorney General, West Palm Beach, for appellee.


GROSS, J.

We affirm appellant's conviction for third degree murder, finding no fundamental error in the jury instruction on justifiable use of deadly force.

David Farmer was charged with the first degree murder of Steve Miller. Farmer and Miller got into a fight over a woman. The fight lasted less than thirty seconds; Miller was eight inches taller and heavier than Farmer, who suffered a bloody nose. Walking away from the fight, and feeling like a coward...

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