Larry Pean v. State

District Court of Appeal of Florida

Larry Pean v. State

154 So. 3d 1171, 2015 Fla. App. LEXIS 165, 2015 WL 71857

District Court of Appeal of Florida·Decided January 7, 2015·No. 4D12-2681·Published·Cited by 1 cases

Opinion

PER CURIAM.

Affirmed. See Garrett v. State, 148 So.3d 466, 472 (Fla. 1st DCA 2014) (finding there was no fundamental error in giving instructions on a duty to retreat because “[t]here was ample evidence presented for the jury to find that from the beginning of the incident, [the defendant] did not have a reasonable belief that deadly force was necessary to prevent an imminent threat against him, especially after [the victim] dropped his rifle and [the defendant] continued to shoot”).

STEVENSON, FORST and KLINGENSMITH, JJ„ concur.

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PER CURIAM.

Affirmed. See Garrett v. State, 148 So.3d 466, 472 (Fla. 1st DCA 2014) (finding there was no fundamental error in giving instructions on a duty to retreat because “[t]here was ample evidence presented for the jury to find that from the beginning of the incident, [the defendant] did not have a reasonable belief that deadly force was necessary to prevent an imminent threat against him, especially after [the victim] dropped his rifle and [the defendant] continued to shoot”).

STEVENSON, FORST and KLINGENSMITH, JJ„ concur.

Larry Pean v. State, 154 So. 3d 1171, 2015 Fla. App. LEXIS 165, 2015 WL 71857 (Fla. Ct. App. 2015).

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Opinion

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