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TRUETT v. STATE

No. 1D12-0160.

105 So.3d 656 (2013)

Brian Keith TRUETT, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, First District.

January 30, 2013.

Attorney(s) appearing for the Case

Nancy A. Daniels , Public Defender, and M.J. Lord , Assistant Public Defender, Tallahassee, for Appellant.

Pamela Jo Bondi , Attorney General, and Bryan Jordan , Assistant Attorney General, Tallahassee, for Appellee.

VAN NORTWICK, J.

Brian Keith Truett, appellant, seeks reversal of his conviction for felony malicious mischief and a new trial, arguing that the trial court erred in denying his request for a jury instruction on the affirmative defense of alibi. Because we agree that the trial court erred in refusing to give the alibi instruction to the jury as requested by Truett, we reverse and remand for a new trial.

The State charged Truett with felony criminal mischief...

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