STOUTE v. STATE

No. 4D07-617.

987 So.2d 748 (2008)

Devon STOUTE, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fourth District.

Rehearing Denied August 25, 2008.


Attorney(s) appearing for the Case

Richard L. Rosenbaum of Arnstein & Lehr LLP, Fort Lauderdale, for appellant.

Bill McCollum, Attorney General, Tallahassee, and August A. Bonavita, Assistant Attorney General, West Palm Beach, for appellee.


KLEIN, J.

Appellant was convicted of attempted second degree murder and appeals the denial of his rule 3.850 motion for post-conviction relief following an evidentiary hearing. We reverse because of the failure of his counsel to object to the forcible felony jury instruction which was not applicable and deprived him of his theory of self defense.

During the months before this shooting there was a history of bad blood between appellant and the victim, including...

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