STEWART v. STATE

No. 2D11-132.

113 So.3d 914 (2013)

Sean Christopher STEWART, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Second District.

January 25, 2013.


Attorney(s) appearing for the Case

Howard L. Dimmig, II , Public Defender, and Adam S. Tanenbaum , Special Assistant Public Defender, Bartow, for Appellant.

Pamela Jo Bondi , Attorney General, Tallahassee, and Joseph H. Lee , Assistant Attorney General, Tampa, for Appellee.


ALTENBERND, Judge.

Sean Christopher Stewart appeals his judgments and sentences for second-degree murder and aggravated assault. The trial court read an incorrect instruction regarding the forcible felony exception to justifiable use of deadly force. Although this error was not preserved, under the circumstances of this case and the applicable precedent, we conclude that the error qualifies as a fundamental error warranting a new trial.

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