ATHER BROOKINS, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE

Fla. 4th DCA | 1986-03-05
No. 85-766
ANSTEAD and DELL, JJ., concur., WALDEN, J., dissents with opinion.
485 So. 2d 844 Florida District Court of Appeal, Fourth District (1986)

Opinion of the Court
PER CURIAM.

PER CURIAM.

Affirmed.

ANSTEAD and DELL, JJ., concur.

WALDEN, J., dissents with opinion.

Dissent
WALDEN, Judge,

WALDEN, Judge,

dissenting:

I would reverse because, in my opinion, the trial court erred in denying the defendant’s motion for judgment of acquittal when the state’s evidence established that the defendant was justified in resisting the deceased’s commission of a felony upon the defendant or in the dwelling where the defendant was at the time of the killing. State v. Page, 418 So. 2d 254 (Fla.1982); Stinson v. State, 245 So. 2d 688 (Fla. 1st DCA 1971).

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