Legal Opinion

Deandre Ross v. State of Florida

District Court of Appeal of Florida

Decided February 2, 2015No. 1D13-4401PublishedCited by 5 opinions

1Opinion of the CourtWolf, J.

Appellant challenges his convictions for attempted second-degree murder and shooting at, within, or into an occupied vehicle. He raises several issues, one of which we find has merit and requires reversal. 'We determine that pursuant to Floyd v. State, 151 So.3d 452 (Fla. 1st DCA 2014), the trial court committed fundamental error in giving contradictory instructions on the duty to retreat, thereby negating the possible application to appellant’s only defense.

Facts

Samuel Paramore, appellant’s friend and housemate, testified that he was at a party with his cousin and appellant when his flaneé…

2Cases cited1 opinion

  1. Floyd v. StateDistrict Court of Appeal of Florida · 2014

3Cited by5 opinions

  1. Anthony Cruz v. State of FloridaDistrict Court of Appeal of Florida · 2015
  2. Roberts v. StateDistrict Court of Appeal of Florida · 2015
  3. John Swearingden v. State of FloridaDistrict Court of Appeal of Florida · 2015
  4. Ford v. StateDistrict Court of Appeal of Florida · 2015
  5. Theodist Tyrone Richardson v. State of FloridaDistrict Court of Appeal of Florida · 2015

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