LUXAMA v. State

We affirm appellant’s convictions and sentences for second-degree murder, attempted first-degree murder with a firearm, shooting into an occupied vehicle with a firearm, carjacking while in possession of a firearm, and two counts of aggravated assault with a firearm. He claims that the court fundamentally erred in instructing the jury on the forcible felony exception to the justifiable use of deadly force. See Martinez v. State, 981 So.2d 449 (Fla. 2008). We conclude that the instruction does not constitute fundamental error. Farmer v. State, 975 So.2d 1275 (Fla. 4th DCA 2008).

As a second…