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739 So. 2d 1279

Cox v. State

District Court of Appeal of Florida

Decided September 8, 1999

District Court of Appeal of Florida · decided 1999-09-08

Relies on 732 So. 2d 1044 - Payton v. State

Decided 1999-09-08

PER CURIAM.

¶1The state concedes error was committed when the jury was instructed the defendant, a co-occupant of the premises, had a duty to retreat. On authority of Weiand v. State, 732 So.2d 1044 (Fla.1999), we reverse and remand for a new trial with direction to the trial court to give a jury instruction in accordance with Weiand.

¶2REVERSED and REMANDED.

DELL, GUNTHER and STONE, JJ„ concur.
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