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Fla. Stat, (1981) - Florida State University College of Law

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elating t~ duress at all should have been yim,<br />

The prejudice <strong>of</strong> the cawthon instruction was cqlete. The r d y<br />

is a new trial as to aunt IT.<br />

At trial, the state presented evidence that, on Friday, Fbr- 5, 1982,<br />

(1). the defendant became upset at %my Groover because Eroovey<br />

wed him mney for drugs, and threatened to "kick his ass'! (T. 1141);<br />

(21. the defendant waived a gun at Mwris Johnson and asked Brother<br />

Caps "did he want to settle it right quick" (T. 1133)<br />

(3). the defendant was pointing a pistol at Mike Green, Ebrris<br />

Johnson, Ihvid McDonald, and Charlie B m , telling them that he needed<br />

his mney from the sale <strong>of</strong> drugs (T. 1165)<br />

(4) . the defendant threataed to hang Groover with a rope if he did<br />

not pay his mney (T. 1177)<br />

(5). the defendant got into a fight with scprreone rimed Ox B&er<br />

at a bar (T. 1221)<br />

The state further presented evidence that, on Saturday, FdXUq 6, 1982:<br />

(1) . the defendant and Michael Green went to the hare <strong>of</strong> scatleone<br />

rmwd Anthony to collect mney for drugs the defmdant had sold Anthony.<br />

The defendant slapped Anthony and Anthony paid the defendant. (T. 1210-1212)<br />

(2). Green asked Elaine Parker to go to Jerry Bmce's oyster roast<br />

to calm the defendant d m 'because he was all pissed <strong>of</strong>f". (T. 1184)<br />

(3). at Jemy Buruce's house, the defendant got into a fight with<br />

Page -36-.

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