John Swearingden v. State of Florida

IN THE DISTRICT COURT OF APPEAL FIRST DISTRICT, STATE OF FLORIDA

JOHN SWEARINGDEN, NOT FINAL UNTIL TIME EXPIRES TO FILE MOTION FOR REHEARING AND Appellant, DISPOSITION THEREOF IF FILED

v. CASE NO. 1D14-146

STATE OF FLORIDA,

Appellee. _____________________________/ Opinion filed August 2, 2016.

An appeal from the Circuit Court for Duval County. Mark Hulsey, III, Judge.

Nancy A. Daniels, Public Defender, and Courtenay H. Miller, Assistant Public Defender, Tallahassee, for Appellant.

Pamela Jo Bondi, Attorney General, and Angela R. Hensel, Assistant Attorney General, Tallahassee, for Appellee.

ON REMAND FROM THE FLORIDA SUPREME COURT

PER CURIAM.

Our original opinion in this case reversed Appellant’s conviction for seconddegree murder and remanded for a new trial based on this court’s decision in Floyd v. State, 151 So. 3d 452 (Fla. 1st DCA 2014) (Floyd I). The Florida Supreme Court quashed Floyd I in State v. Floyd, 186 So. 3d 1013 (Fla. 2016) (Floyd II), and thereafter quashed our original opinion in this case and remanded “for reconsideration upon the application of [the] decision in [Floyd II].”

Based on Floyd II, we reject Appellant’s argument that the jury instructions in this case on the duty to retreat were fundamentally erroneous. Moreover, although we did not address the other issues raised by Appellant in our original opinion, we do so now and find no merit in those issues. Accordingly, we affirm Appellant’s judgment and sentence.

AFFIRMED.

WETHERELL, RAY, and WINOKUR, JJ., CONCUR.