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Butler v. State, Case No. 1D08-0958 (Fla. App. 7/29/2009) (Fla. App., 2009)

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CAS SIUS BUTLER, Appellant, v. STATE OF FLORIDA, Appellee. Case No. 1D08-0958. District Court of Appeal of Florida, First District. Opinion filed July 29, 2009. An appeal from the Circuit Court for Duval County. Linda F. McCallum, Judge, Judge. Nancy A. Daniels, Public Defender, and M. Gene Stephens, Assistant Public Defender, Tallahassee, for Appellant. Bill McCollum, Attorney General, and Christine Ann Guard, Assistant Attorney General, Tallahassee, for Appellee. WOLF, J. Appellant seeks review of his convictions for trespass and criminal mischief. Specifically, appellant asserts that the trial court erroneously denied appellant’s requested jury instruction on the defense of necessity. For the following reasons, we affirm. The facts adduced at trial included in relevant part that just after midnight on June 6, 2007, Thelma Harvey heard her screen door open and the alarm on that door going off, and then heard appellant at her front door...continue to full post

Full post as published by Florida Criminal Law Opinions on July 29, 2009 (boomark / email).