Appellant shot and killed a man during an argument over a backyard dice game in 2011. He was convicted of three felonies and sentenced to concurrent prison terms, the longest of which is 30 years. He raises four issues in this direct appeal, and we find merit in two. First, we agree with Appellant that the trial court abused its discretion when it instructed the jury that “if [Appellant] was engaged in an unlawful activity, [his] use of deadly force was not justified if he could have reasonably and safely avoided the use of deadly force by retreating.” This was an incorrect statement of then-existing law. Section 776.012(1), Florida Statutes (2010) — the sole statute on which Appellant’s self-defense claim was based— provided that “a person is justified in the use of dead DCA 2013) (<HOLDING>). This error was preserved below and was not
holding that a plaintiff could not show that she engaged in protected activity because she did not present evidence that she informed her employer that her complaints were based on race or age discrimination holding that an individual can waive any process to which he or she has a right holding that a plaintiff can show that she is qualified by presenting credible evidence that she continued to possess the objective qualifications she held when she was hired holding that a defendant engaged in an unlawful activity when he or she uses force cannot obtain immunity from prosecution based on section 7760133 but he or she can obtain immunity based on section 7760121 holding that qualified immunity is not merely immunity from damages but also immunity from suit