Forshee v. State

CONFESSION OF ERROR

Based on the state’s proper confession of error on defendant’s points on appeal, we reverse the judgment of conviction for second degree murder, vacate defendant’s sentence and remand for a new trial. First, the court erred in giving a Marrero1 instruction rather than instructing the jury on justifiable use of deadly force, where, as here, defendant was not charged with possession of a firearm by a convicted felon. See Arboleda v. State, 645 So.2d 48 (Fla. 3d DCA 1994); Wilt v. State, 410 So.2d 924 (Fla. 3d DCA 1982). Second, the trial court erred in permitting the state to…