Florida District Courts of Appeal, 1986

Brookins v. State

Brookins v. State
Florida District Courts of Appeal · Decided March 5, 1986 · Anstead, Dell, Walden
485 So. 2d 844; 1986 Fla. App. LEXIS 6643 (Southern Reporter, Second Series)

Brookins v. State

Dissenting Opinion

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).

Opinion of the Court

PER CURIAM.

Affirmed.

ANSTEAD and DELL, JJ., concur. WALDEN, J., dissents with opinion.

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