HENRY LEE PAGE, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE
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[*860] PER CURIAM.
We reverse appellant’s first degree murder conviction on the ground that the defense’s proffered jury instruction concerning the privilege of non-retreat in the home should have been given because the doctrine applies to premises surrounding the home, Pell v. State, 97 Fla. 650, 122 So. 110 (1929); Danford v. State, 53 Fla. 4, 43 So. 593 (1907); Redondo v. State, 380 So. 2d 1107 (Fla. 3d DCA), cert. denied, 388 So. 2d 1118 (Fla.1980), and to co-occupants as well as intruders, Hedges v. State, 172 So. 2d 824 (Fla.1965); State v. Bobbitt, 389 So. 2d 1094 (Fla. 1st DCA 1980).
The trial court’s dismissal of the second and third counts of the indictment, display of a firearm while committing of felony, and unlawful possession of a firearm by a convicted felon, is also reversed upon the authority of State v. Thompson, 390 So. 2d 715 (Fla.1980), holding that the state is not required to prove the lack of an exemption as an element of the offense.
Reversed and remanded for new trial.
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Maurine Lucille Rippie v. State, 404 So. 2d 160 (Fla. 2d DCA 1981)…husband in an apparent act of self-defense in the marital home, the court held that there is no duty to retreat from one’s own home regardless of whether co-occupants or intruders are involved. The Third District has followed Bobbitt. Page v. State, 398 So. 2d 859 (Fla. 3d DCA 1981). Bobbitt is currently pending before the Florida Supreme Court on petition for cer-tiorari. We lean toward the expanded view of the castle doctrine followed by Bobbitt and the majority of the other states in this country which ha…
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State v. Page, 418 So. 2d 254 (Fla. 1982)…McDONALD, Justice. In Page v. State, 398 So. 2d 859 (Fla.3d DCA 1981), the district court reversed a conviction because of failure to give the defense-proffered jury instruction concerning the privilege of nonretreat in the home. Perceiving conflict with Conner v. State, 361 So. 2d 774 (Fla. 4th DCA…
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Page v. State, 419 So. 2d 424 (Fla. 3d DCA 1982)…PER CURIAM. WHEREAS, the judgment of this court was entered on April 28, 1981, 398 So. 2d 859, reversing the judgment and sentence of the Circuit Court of Dade County, Florida, in the above styled cause, and WHEREAS, on review of this court’s judgment, by certiorari, the Supreme Court of Florida by its opinion and judgment filed July 29, 1…
Authorities Cited
- Whitney v. Colonial INN, 172 So. 2d 824 (Fla. 1965)
- Pell v. State, 97 Fla. 650 (Fla. 1929)
- Carmine Charles Robert Falco v. State, 407 So. 2d 203 (Fla. 1981)
- Danford v. State, 53 Fla. 4 (Fla. 1907)
- Redondo v. State, 380 So. 2d 1107 (Fla. 3d DCA 1980)
- State v. Heyward Thompson, 390 So. 2d 715 (Fla. 1980)
- State v. Bobbitt, 389 So. 2d 1094 (Fla. 1st DCA 1980)