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Conduct is necessary to defend himself or herself however a person is justified in this use of deadly force and does not have a duty to retreat if, one, reasonably believes it's necessary to prevent imminent death or great bodily harm to himself or herself or prevent the commission of a forcible felony or under another set of circumstances. >> they're or. >> sorry? >> they're or. alternative. >> yes. that is the 012 instruction. the justifiable use of -- the justifiable homicide instruction is what i have written here, which is the 782.02. i have yet to hear why that is not applicable. justifi...

Also, there is some instructions to give only if there is evidence of what is seeking to be defined. >> the basis for the 776.412 instruction is chapter 776.012 which the court just read and the court read it correctly, that it requires, one, justified in the use of deadly force doesn't have the duty to retreat if one -- >> 776.012. i'm looking at the instruction. >> well the -- but -- i'm saying the instruction refers you to the statute. i'm reading the statute. >> okay. >> the statute says a person is justified in using force to accept deadly force against another when to the extent the pers...

Commit applicable felony upon him or any dwelling in which he was present. >> he wasn't in his house. >> it's either the applicable felony or in his house. >> no. >> that's the use of -- that's the justifiable use of deadly force. >> no. we disagree. >> well, then get me case law that says that's a wrong interpretatio interpretation. >> look under the standard instructions, actually, i have both. i have the proposed ones as well that the court directed us to. the courted is looking at the wrong part of the instruction, as is mr. mantei. give, if applicable under 776.012 and 776.031. a person i...

Felony or in his house. that's the use of -- >> no. >> that's the justifiable use of deadly force. >> no. we disagree. >> then give me indication law that says that that's the wrong interpretation. >> look under the standard instructions, the standard instructions actually i have both, i have the proposed ones as well that the court directed us to, the court is looking at the wrong part of the instruction. give if applicable under 776.012 and 776.031, a person is justified in using deadly force if he reasonably believes that such force is necessary to prevent imminent death or great bodily har...

>> yes. >> also there are some instructions to give only if there is evidence of what is seeking to be defined. >> the court just read it correctly that it requires, one, justified in the use of deadly force doesn't have the duty to retreat if, one -- >> that's not 776.012. i'm looking at the instruction. >> but what i'm saying the ininstruction refers you to the statute and i'm reading the statute. the statute says person is justified this using force