Opinion
No. 91-1055.
December 18, 1991.
Appeal from the Circuit Court for Broward County; Robert W. Tyson, Jr., Judge.
Richard L. Jorandby, Public Defender, and Allen J. DeWeese, Asst. Public Defender, West Palm Beach, for appellant.
Robert A. Butterworth, Atty. Gen., Tallahassee, and Patricia G. Lampert, Asst. Atty. Gen., West Palm Beach, for appellee.
AFFIRMED.
DELL and POLEN, JJ., concur.
GLICKSTEIN, C.J., concurs specially with opinion.
The instruction on flight in this case did not have the language which the court found to constitute harmful error in Stanley v. State, 560 So.2d 1269 (Fla. 3d DCA 1990). Even in that case the court said that giving the instruction on flight was not error.
In the present case, the defendant claimed self-defense after being knocked to the ground with a shovel by the victim, then driving around to find the victim, which he did, following which he shot the victim in the back and drove away, albeit at a normal rate of speed.
We are aware of the decision in Lefevre v. State, 585 So.2d 457 (Fla. 1st DCA 1991).