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Larry PEAN, Appellant, v. STATE of Florida, Appellee

Florida District Court of Appeal2015-01-07No. No. 4D12-2681
154 So. 3d 1171

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Opinion

majority 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.