Summary
finding that trial court erred in giving the instruction over defense objection
Summary of this case from Martinez v. StateOpinion
No. 5D04-2220.
April 1, 2005.
Appeal from the Circuit Court for Orange County, Thomas B. Smith, Judge.
James S. Purdy, Public Defender, and Susan A. Fagan, Assistant Public Defender, Daytona Beach, for Appellant.
Charles J. Crist, Jr., Attorney General, Tallahassee, and Rebecca Rock McGuigan, Assistant Attorney General, Daytona Beach, for Appellee.
Appellant was charged with resisting arrest and battery on a law enforcement officer arising from a single episode. He claimed self-defense but objected when the court instructed the jury on the "forcible felony" exception to his self-defense claim. The court overruled his objection. In so doing, the court erred and a new trial is required. Carter v. State, 889 So.2d 937 (Fla. 5th DCA 2004); see also Jackson v. State, 463 So.2d 372 (Fla. 5th DCA 1985) (self defense available defense in regard to charge of battery and resisting arrest arising out of single incident).
REVERSED and REMANDED.
PETERSON, MONACO and TORPY, JJ., concur.