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RICHARDS v. STATE

No. 2D08-5553.

39 So.3d 431 (2010)

John Rynell RICHARDS, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Second District.

June 30, 2010.

Attorney(s) appearing for the Case

James Marion Moorman, Public Defender, and Clayton R. Kaeiser, Special Assistant Public Defender, Bartow, for Appellant.

Bill McCollum, Attorney General, Tallahassee, and Susan M. Shanahan, Assistant Attorney General, Tampa, for Appellee.

ALTENBERND, Judge.

John Rynell Richards, the Defendant, appeals his judgment and sentence for attempted murder in the second degree. He argues that the trial court improperly used an outdated jury instruction concerning his defense of the justifiable use of deadly force and that, accordingly, it committed an error when it told jurors he had a duty to retreat before using deadly force. The State concedes that the instruction was improper. We agree that the use of the...

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