The young Florida woman who fired a warning shot into a wall to scare off her abusive husband was found guilty and sent to prison for 20 years. She's getting a new trial.<quoted text>He's been watching too many movies.
New trial ordered for Florida woman in warning-shot case
By Jason Hanna, CNN
updated 4:59 PM EDT, Fri September 27, 2013
CNN)-- An appellate court on Thursday ordered a new trial for a Florida woman who was sentenced to 20 years in prison for firing a gun to scare off her allegedly abusive husband, ruling that a jury was improperly instructed on self-defense.
Marissa Alexander's case will be retried because the jury was wrongly told that -- for her to claim self-defense -- she needed to prove beyond a reasonable doubt that her husband was about to seriously harm her, the appellate court said.
Rather, the appellate court pointed out, the prosecution had the burden to prove that Alexander herself was guilty of aggravated assault.
"Because the jury instructions on self-defense were fundamental error, we reverse" the conviction, a three-judge appellate panel said.
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A jury convicted Alexander, 31, of aggravated assault in March 2012 after just 12 minutes of deliberation.
Alexander's lawyer said he told her about the new trial by phone.
"Marissa was ecstatic and obviously she's incredibly thankful and wants to get back with her family," defense attorney Bruce Zimet told CNN.
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