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MICKENS v. STATE

No. 2D12-4634.

138 So.3d 595 (2014)

Leonard Ditron MICKENS, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Second District.

May 9, 2014.

Attorney(s) appearing for the Case

Howard L. Dimmig, II , Public Defender, and Megan Olson , Assistant Public Defender, Bartow, for Appellant.

Pamela Jo Bondi , Attorney General, Tallahassee, and Cerese Crawford Taylor , Assistant Attorney General, Tampa, for Appellee.

ALTENBERND, Judge.

Leonard Ditron Mickens appeals his judgment for battery and the resulting sentence. We must reverse because the trial court committed a fundamental error affecting the jury instructions on Mr. Mickens' only defense. The court used the charged offense and its lesser offense as the forcible felonies when explaining the forcible felony exception to the defense of justifiable use of nondeadly force.

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