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BARNES v. STATE

No. 5D06-2393.

12 So.3d 797 (2009)

Eugene Fitzgerald BARNES, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fifth District.

Rehearing Denied June 17, 2009.

Attorney(s) appearing for the Case

James S. Purdy, Public Defender, and Thomas J. Lukashow, 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.

ON REMAND

On remand from the Florida Supreme Court, we have vacated and withdrawn our previously issued mandate in light of Martinez v. State, 981 So.2d 449 (Fla.2008), which addressed the forcible felony exception to self-defense. In relevant part, the forcible felony exception provides that a defendant may not avail himself of the defense of self-defense if he is engaged in attempting, committing, or...

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