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BASSALLO v. STATE

No. 4D08-5068.

46 So.3d 1205 (2010)

Bienvenido BASSALLO, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fourth District.

November 10, 2010.

Attorney(s) appearing for the Case

Deana K. Marshall of Law Office of Deana K. Marshall, P.A., Riverview, for appellant.

Bill McCollum , Attorney General, Tallahassee, and Myra J. Fried , Assistant Attorney General, West Palm Beach, for appellee.

POLEN, J.

Appellant, Bienvenido Bassallo, appeals his conviction for aggravated assault with a deadly weapon, raising four issues for our consideration. We write only to address appellant's argument that the trial court abused its discretion in giving a self-defense instruction that indicated the defense applied only if the victim suffered an "injury," when no injury occurred, which negated the theory of the defense. We...

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