Cox v. State

739 So. 2d 1279, 1999 Fla. App. LEXIS 12057, 1999 WL 701824
Procedural entryThis page is a short order in Cox v. State. Read the opinion of the Court — 764 So. 2d 711
District Court of Appeal of Florida·Decided September 8, 1999·No. No. 98-3701·Published

Opinion

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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Cox v. State, 739 So. 2d 1279, 1999 Fla. App. LEXIS 12057, 1999 WL 701824 (Fla. Ct. App. 1999).

739 So. 2d 1279 (Cox v. State) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Related

Weiand v. State
732 So. 2d 1044 (Supreme Court of Florida, 1999)