Marty v. State

BADALAMENTI, Judge.

This is a direct appeal from a final criminal judgment and sentence. Stephen Marty was convicted of aggravated assault with a deadly weapon and sentenced to a mandatory minimum sentence of three years’ imprisonment. On appeal, Marty argues that the trial court erred by: (1) failing to instruct the jury as to the legal use of nondeadly force; (2) failing to grant his motion for judgment of acquittal; and (3)failing to give an instruction on the presumption of reasonable fear of death or great bodily harm, pursuant to section 776.013(1), Florida Statutes (2014). We accept…