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489 So. 2d 1191

489 So.2d 1191

11 Fla.L.Weekly 1270

Bruce v. State

District Court of Appeal of Florida · decided 1986-06-03

Relies on Ferguson v. State

Decided 1986-06-03

PER CURIAM.

¶1We affirm appellant Bruce’s conviction and sentence for attempted second degree murder upon a holding that even though the victim in this case was not present during the trial, the state sustained its evidentiary burden by presenting the testimony of an eyewitness who could rebut appellant’s direct testimony that he acted in self-defense. In this regard, this case is distinguishable from Ferguson v. State, 379 So.2d 163 (Fla. 3d DCA 1980).

¶2Affirmed.

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