KARY BURCH, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
KARY BURCH, APPELLANT,
STATE OF FLORIDA, APPELLEE
774 So. 2d 46
Florida District Court of Appeal, Second District (2000)
Opinion of the Court
STRINGER, Judge.
Appellant, Kary Burch, challenges his conviction and sentence for aggravated battery. Appellant alleges that the trial court erred when it instructed the jury, over objection, that appellant, a co-occupant of the premises, had a duty to retreat. The instruction given by the trial court did not comply with the instruction adopted by the supreme court in Weiand v. State, 732 So. 2d 1044 (Fla.1999). Therefore, we reverse and remand this case for a new trial. See Barkley v. State, 750 So. 2d 755 (Fla. 2d DCA 2000); see also Kelly v. State, 746 So. 2d 1248 (Fla. 1st DCA 1999).
Reversed and remanded.
WHATLEY, A.C.J., and DAVIS, J., Concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- Payton v. State, 732 So. 2d 1044 (Fla. 1999)
- Weiand v. State, 732 So. 2d 1044 (Fla. 1999)
- Kelly v. State, 746 So. 2d 1248 (Fla. 1st DCA 1999)
- Farnam v. State, 746 So. 2d 1248 (Fla. 1st DCA 1999)
- Barkley v. State, 750 So. 2d 755 (Fla. 2d DCA 2000)