Opinion
No. 98-3701.
Opinion filed September 8, 1999.
Appeal from the Circuit Court for the Seventeenth Judicial Circuit, Broward County; Richard D. Eade, Judge; L.T. No. 97-004717-CF10A.
Richard L. Jorandby, Public Defender, and Joseph R. Chloupek, Assistant Public Defender, West Palm Beach, for appellant.
Robert A. Butterworth, Attorney General, Tallahassee, and Joseph A. Tringali, Assistant Attorney General, West Palm Beach, for appellee.
The state concedes error was committed when the jury was instructed the defendant, a co-occupant of the premises, had a duty to retreat. On authority of Weiand v. State, 732 So.2d 1044 (Fla. 1999), we reverse and remand for a new trial with direction to the trial court to give a jury instruction in accordance withWeiand.
REVERSED and REMANDED.
DELL, GUNTHER and STONE, JJ., concur.