Eady v. State

BADALAMENTI, Judge.

Nicholas Eady, a juvenile tried as an adult, appeals his jury conviction 'for attempted second-degree murder. He argues that the trial court erred by instructing the jury, over his timely objection, that he had a duty to retreat if the jury determined he was engaged in unlawful activity while defending himself during a brawl. He claims that this jury instruction deprived him of his sole defense, which was self-defense pursuant to section 776.012(1), Florida' Statutes (2012). Eady asserts that the trial court’s refusal to omit the instruction was erroneous because the…