Cox v. State

PER CURIAM.

The state concedes error was committed when the jury was instructed the defendant, a co-occupant of the premises, had a duty to retreat. On authority of Weiand v. State, 732 So.2d 1044 (Fla.1999), we reverse and remand for a new trial with direction to the trial court to give a jury instruction in accordance with Weiand.

REVERSED and REMANDED.

DELL, GUNTHER and STONE, JJ„ concur.