Brookins v. State

Full title: ATHER BROOKINS, APPELLANT, v. STATE OF FLORIDA, APPELLEE

Court: District Court of Appeal of Florida, Fourth District

Date published: Apr 2, 1986

485 So. 2d 844 (Fla. Dist. Ct. App. 1986)

Opinion

No. 85-766.

March 5, 1986. Rehearing Denied April 2, 1986.

Appeal from the Circuit Court for Palm Beach County; Richard B. Burk, Judge.

Richard L. Jorandby, Public Defender, and Margaret Good, Asst. Public Defender, West Palm Beach, for appellant.

Jim Smith, Atty. Gen., Tallahassee, and Penny H. Brill, Asst. Atty. Gen., West Palm Beach, for appellee.

PER CURIAM.

Affirmed.

ANSTEAD and DELL, JJ., concur.

WALDEN, J., dissents with opinion.

WALDEN, Judge, dissenting:

I would reverse because, in my opinion, the trial court erred in denying the defendant's motion for judgment of acquittal when the state's evidence established that the defendant was justified in resisting the deceased's commission of a felony upon the defendant or in the dwelling where the defendant was at the time of the killing. State v. Page, 418 So.2d 254 (Fla. 1982); Stinson v. State, 245 So.2d 688 (Fla. 1st DCA 1971).