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HARDISON v. STATE

No. 1D12-3826.

138 So.3d 1130 (2014)

Angelo HARDISON, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, First District.

May 14, 2014.

Attorney(s) appearing for the Case

Melissa Joy Ford , Assistant Conflict Counsel, Tallahassee, for Appellant.

Pamela Jo Bondi , Attorney General, and Wesley Paxson III , Assistant Attorney General, Tallahassee, for Appellee.

MARSTILLER, J.

Angelo Hardison appeals his conviction and sentence for second-degree murder, arguing the trial court committed fundamental error in instructing the jury on justifiable use of deadly force. He asserts the standard instruction given on justifiable use of deadly force was fundamentally erroneous. Specifically, he argues the instruction is inconsistent with current law because it effectively makes the defense available only to persons not engaged in unlawful...

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