ATTARDO v. STATE

No. 5D07-3255.

993 So.2d 139 (2008)

Joseph ATTARDO, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fifth District.

October 24, 2008.


Attorney(s) appearing for the Case

Steven J. Guardiano, Daytona Beach, for Appellant.

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


PER CURIAM.

Appellant, Joseph Attardo ["Attardo"], appeals his conviction and sentence for manslaughter by culpable negligence with a firearm. Attardo argues that his motion for judgment of acquittal was erroneously denied and that there were errors in the jury instructions.

We find no reversible error. The question whether Attardo was justified in the use of deadly force in defense of another was a question of fact for the jury to decide, given the evidence...

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