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State Courts -
Florida - February 21, 2008
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Martinez v. State, No. SC06-1597,
SUPREME COURT OF FLORIDA, February 21, 2008, Decided
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Overview: In attempted murder case, forcible-felony instruction on self-defense was erroneous, as there was no independent forcible felony other than one defendant claimed he committed in self-defense. But as his self-defense claim under ? 776.041, Fla. Stat., was very weak, and he relied on other defenses, error in giving instruction was not fundamental.
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