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Florida District Courts of Appeal, 1999

Cox v. State

Cox v. State
Florida District Courts of Appeal · Decided September 8, 1999 · Dell, Gunther, Stone
739 So. 2d 1279; 1999 Fla. App. LEXIS 12057; 1999 WL 701824 (Southern Reporter, Second Series)

Cox v. State

Opinion of the Court

PER CURIAM.

The state concedes error was committed when the jury was instructed the defendant, a co-occupant of the premises, had a duty to retreat. On authority of Weiand v. State, 732 So.2d 1044 (Fla. 1999), we reverse and remand for a new trial with direction to the trial court to give a jury instruction in accordance with Weiand.

REVERSED and REMANDED.

DELL, GUNTHER and STONE, JJ„ concur.

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