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BRADLEY v. STATE

No. 2D11-6053.

127 So.3d 806 (2013)

Rickie Joe BRADLEY, Doc #510898, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Second District.

November 27, 2013.

Attorney(s) appearing for the Case

Howard L. Dimmig, II , Public Defender, and Richard J. Sanders , Assistant Public Defender, Bartow, for Appellant.

Pamela Jo Bondi , Attorney General, Tallahassee, and Katherine Coombs Cline , Assistant Attorney General, Tampa, for Appellee.

ALTENBERND, Judge.

Rickie Joe Bradley appeals his judgment and sentence for battery on a person over the age of sixty-five. We affirm. We write to distinguish this case from Talley v. State, 106 So.3d 1015 (Fla. 2d DCA 2013), because, unlike in Talley, the extra comma in the self-defense jury instruction is not a fundamental error.

The victim in this case was a black man over the age of sixty-five who, along...

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