LARRY PEAN, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE

Fla. 4th DCA | 2015-01-07
No. 4D12-2681
STEVENSON, FORST and KLINGENSMITH, JJ„ concur.
154 So. 3d 1171 Florida District Court of Appeal, Fourth District (2015) Positive Treatment
Cited by 2 cases
Opinion of the Court
PER CURIAM.

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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Citator

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  • Waters v. State, 174 So. 3d 434 (Fla. 1st DCA 2015)
    …nfair. When the entirety of the jury instructions relating to Garrett’s claim of self-defense are considered, the jury was not precluded from considering Garrett’s affirmative defense, regardless of his unlawful activity.”). See also, Pean v. State, 154 So. 3d 1171, 1171 (Fla. 4th DCA 2015) (affirming and citing Garrett). AFFIRMED. RAY and MAKAR, JJ., concur.…
  • Sanders v. State (Fla. 4th DCA 2020)

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