Deshazier v. State

Full title: SHARRON D. DESHAZIER, Appellant, v. STATE OF FLORIDA, Appellee.

Court: DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FIFTH DISTRICT

Date published: Dec 13, 2013

Case No. 5D12-2636 (Fla. Dist. Ct. App. Dec. 13, 2013)

Opinion

Case No. 5D12-2636

12-13-2013

SHARRON D. DESHAZIER, Appellant, v. STATE OF FLORIDA, Appellee.

James S. Purdy, Public Defender, and Rose M. Levering, Assistant Public Defender, Daytona Beach, for Appellant. Pamela Jo Bondi, Attorney General, Tallahassee, and L. Charlene Matthews, Assistant Attorney General, Daytona Beach, for Appellee.

PER CURIAM

NOT FINAL UNTIL TIME EXPIRES TO

FILE MOTION FOR REHEARING AND

DISPOSITION THEREOF IF FILED

Appeal from the Circuit Court
for Orange County,
Marc Lubet, Judge.
James S. Purdy, Public Defender, and
Rose M. Levering, Assistant Public
Defender, Daytona Beach, for Appellant.
Pamela Jo Bondi, Attorney General,
Tallahassee, and L. Charlene Matthews,
Assistant Attorney General, Daytona
Beach, for Appellee.
PER CURIAM.

AFFIRMED. See Martinez v. State, 981 So. 2d 449, 456 (Fla. 2008) (erroneous self-defense instruction did not constitute fundamental error where self-defense was not defendant's sole, or even primary, defense strategy and self-defense claim was extremely weak); see also Morgan v. State, 38 Fla. L. Weekly D2449 (Fla. 5th DCA Nov. 22, 2013); Cancel v. State, 985 So. 2d 1127 (Fla. 5th DCA 2008). GRIFFIN, EVANDER and COHEN, JJ., concur.