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CUNNINGHAM v. STATE

No. 4D12-3321.

159 So.3d 275 (2015)

Michael CUNNINGHAM, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fourth District.

March 4, 2015.

Attorney(s) appearing for the Case

Bruce A. Zimet of Bruce A. Zimet, P.A., Fort Lauderdale, for appellant.

Pamela Jo Bondi , Attorney General, Tallahassee, and Melanie Dale Surber , Assistant Attorney General, West Palm Beach, for appellee.

Michael Cunningham challenges his conviction and sentence for aggravated assault with a firearm, arguing, among other things, that the court erred in failing to give a requested justifiable use of non-deadly force jury instruction. Based on this error, we reverse and remand for a new trial.

The state charged Cunningham with aggravated...

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