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Court Upholds Conviction in 2010 FIU Stabbing

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TALLAHASSEE (CBSMiami/NSF) - An appeals court has upheld the second-degree murder conviction of a former Florida International University student who stabbed an FIU football player during an altercation in 2010.

A three-judge panel of the 3rd District Court of Appeal rejected arguments by Quentin Rashad Wyche, who contended, in part, that a jury had not received proper instructions about his self-defense claim in the case.

Wyche was convicted of using a pair of scissors to fatally stab football player Kendall Berry during an altercation outside FIU's recreation center. The stabbing came after an earlier altercation between Wyche and Berry's girlfriend.

Wyche contended, in part, that a judge did not give proper jury instructions about a "duty to retreat" before resorting to the use of deadly force. But the appeals court pointed to "competent substantial evidence" that Wyche was the initial aggressor in the confrontation.

"Because there was evidence upon which the jury could have concluded that the defendant was the initial aggressor, the trial court correctly instructed the jury that if the defendant initially provoked the use of force, he had the duty to retreat or clearly indicate to Berry that he wanted to withdraw and stop the use of force,'' said the ruling, written by Judge Leslie Rothenberg.

The News Service of Florida contributed to this report.

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