District Court of Appeal of Florida May 14, 2003, No. 3D02-3139 (Galiano v. State)

PER CURIAM.

Galiano appeals his conviction and sentence for aggravated battery, following a jury trial. He first argues, and we agree, that the trial court erred in refusing to instruct the jury on both the defense of justifiable use of non-deadly force and the defense of justifiable use of deadly force where the evidence supported the same. See Curington v. State, 704 So.2d 1137, 1139-40 (Fla.