Brown v. State

I reluctantly dissent because I am convinced that Albritton v. State, 476 So.2d 158 (Fla.1985), relied on by the majority for affirmance, as that case has been most *1108recently construed by the supreme court, requires reversal instead.

In this case, defendant’s estranged wife and four-year-old son were living m an apartment with the wife’s sister. While they were absent from the apartment, the defendant apparently broke in and concealed himself in a closet in the wife’s bedroom. When she returned, he jumped out of the closet, locked the door, threw her on the bed and began to cut her with a…