Florida District Courts of Appeal, 1986

Bruce v. State

Bruce v. State
Florida District Courts of Appeal · Decided June 3, 1986 · Genson, Hendry, Jor, Nesbitt
489 So. 2d 1191; 11 Fla. L. Weekly 1270; 1986 Fla. App. LEXIS 8135 (Southern Reporter, Second Series)

Bruce v. State

Opinion of the Court

PER CURIAM.

We affirm appellant Bruce’s conviction and sentence for attempted second degree murder upon a holding that even though the victim in this case was not present during the trial, the state sustained its evidentiary burden by presenting the testimony of an eyewitness who could rebut appellant’s direct testimony that he acted in self-defense. In this regard, this case is distinguishable from Ferguson v. State, 379 So.2d 163 (Fla. 3d DCA 1980).

Affirmed.

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