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D.K.T., a juvenile, Appellant, v. The State of Florida, Appellee.
Affirmed. See § 776.012(1), Fla. Stat. (2023) (providing in pertinent part: “A person is justified in using or threatening to use force, except deadly force, against another when and to the extent that the person reasonably believes that such conduct is necessary to defend himself or herself or another against the other's imminent use of unlawful force.”) (emphasis added); K.S.H. v. State, 56 So. 3d 122, 124 (Fla. 3d DCA 2011) (“We review de novo the trial court's decision denying the motion for judgment of dismissal, but we view the evidence, and all reasonable inferences from the evidence, in a light most favorable to the State (as the prevailing party), to determine whether there is substantial, competent evidence to support the factfinder's determination.”) (citation omitted). See also id. at 124-25 (“Ordinarily, whether the use of force (and whether the amount of force used) was justified is a question to be determined by the trier of fact. ․ Thus the trier of fact must necessarily determine whether the use of any force was justified under the circumstances, and, if so, whether the amount of force used was justified under the circumstances.”) (citations omitted); Lambrix v. State, 39 So. 3d 260, 269 (Fla. 2010) (“Appellate courts do not ‘reweigh the evidence or second-guess the circuit court's findings as to the credibility of witnesses.’ ”) (quoting Nixon v. State, 2 So. 3d 137, 141 (Fla. 2009)) (additional quotation omitted).
PER CURIAM.
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Docket No: No. 3D24-1208
Decided: October 30, 2024
Court: District Court of Appeal of Florida, Third District.
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FindLaw’s Learn About the Law features thousands of informational articles to help you understand your options. And if you’re ready to hire an attorney, find one in your area who can help.
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