BRYANT v. STATE

No. 1D11-2958.

102 So.3d 704 (2012)

Anthony Lafrance BRYANT, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, First District.

December 10, 2012.


Attorney(s) appearing for the Case

Matt Shirk , Public Defender, Christopher Blaisdell , Assistant Public Defender, and Richard Gordon , Assistant Public Defender, Office of the Public Defender, Jacksonville; Nancy A. Daniels , Public Defender, and Paula S. Saunders , Assistant Public Defender, Office of the Public Defender, Tallahassee, for Appellant.

Pamela Jo Bondi , Attorney General, and Giselle Denise Lylen , Assistant Attorney General, Office of the Attorney General, Tallahassee, for Appellee.


PADOVANO, J.

Anthony Bryant, the defendant, was tried by a jury and convicted of the crime of armed burglary. He appeals his conviction alleging as error the trial court's refusal to instruct the jury that consent is a defense to the charge of burglary. Because there was some evidence to support the defendant's claim at trial that he had permission to enter the victim's residence, the defendant was entitled to the instruction. We are unable to conclude that the error...

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