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HANKS v. STATE

No. 2D09-3476.

43 So.3d 917 (2010)

Cleveland HANKS, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Second District.

September 10, 2010.

Attorney(s) appearing for the Case

David R. Damore of Damore, Delgado & Romanik, Daytona Beach, for Appellant.

Bill McCollum , Attorney General, Tallahassee, and Jonathan P. Hurley , Assistant Attorney General, Tampa, for Appellee.

WILLIAMS, CHARLES E., Associate Judge.

Cleveland Hanks raises several issues in this appeal of his conviction of aggravated battery. We find merit in his argument that the trial court abused its discretion in instructing the jury on the principals theory, and we reverse and remand for a new trial.

A trial court abuses its broad discretion in instructing the jury when it gives an instruction that is not supported by...

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