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Jenkins v. State

District Court of Appeal of Florida

942 So.2d 910 (2006)

Relevant factsFree

Melvin Jenkins (defendant) lived in one of two mobile homes on a shared, narrow driveway with his family in the other. Bryan Cerezo began shouting and banging on the other trailer's door after an argument involving Jenkins's daughter; Jenkins came out, repeatedly asked Cerezo to leave, and remained calm as Cerezo paced the shared driveway, threatened to kill Jenkins and his family, and goaded him to fight. When Cerezo suddenly charged and struck Jenkins in the face, Jenkins drew a work knife; Cerezo claimed to have a gun and lunged again, and Jenkins reflexively raised the knife, fatally stabbing him. Bystanders confirmed Cerezo was the aggressor throughout and that Jenkins had nowhere to retreat. Jenkins was convicted of manslaughter after the trial court denied his motion for acquittal, with the prosecution arguing the shared driveway wasn't part of his "home" premises.

IssueFree

Whether, under the castle doctrine, a person violently assaulted in his home or the immediate surrounding premises has a duty to retreat before using deadly force to defend himself.

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