SHANA YVETTE BARNES, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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Shana Yvette Barnes was convicted of second-degree murder and appealed her conviction and sentence. The appellate court reversed her conviction and remanded for a new trial because the trial court erroneously instructed the jury on the forcible felony exception to self-defense, which effectively negated her only defense.
The trial court's instruction on the forcible felony exception to self-defense was erroneous because it is only applicable when the accused is engaged in a separate, independent forcible felony at the time of the act for which self-defense is claimed. The error was not harmless because there is a reasonable possibility that it contributed to the conviction.
[1] A jury instruction on the forcible felony exception to self-defense is erroneous when the defendant is only charged with the single forcible felony for which self-defense…
[2] Giving a forcible felony exception instruction to self-defense when the defendant is only charged with the act for which self-defense is claimed improperly negates the de…
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Join FLexlaw to unlock all legal intelligence“The forcible felony instruction is normally given in situations where the accused is charged with at least two criminal acts, the act for which the accused is claiming self-defense and a separate forcible felony.”
Establishes the proper scope of when the forcible felony exception instruction should be given
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Join FLexlaw to unlock all legal intelligenceAppellant Barnes was charged with second-degree murder, which she claimed was committed in self-defense. At the charge conference, the trial court gra…
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PER CURIAM.
Appellant, Shana Yvette Barnes, appeals her judgment and sentence for the crime of second-degree murder. Appellant raises five issues on appeal, only one of which has merit. We reverse appellant’s second-degree murder conviction and remand for a new trial because the jury instructions on the issue of self-defense were confusing, misleading, and erroneous.
At the charge conference, the trial court granted appellant’s request for a jury instruction on self-defense and, thus, instructed the jury on self-defense.
However, over appellant’s objection, the trial court also gave the State’s requested instruction on the forcible felony exception to self-defense. The forcible felony instruction was based on section 776.041(1), Florida Statutes (2002), which by its plain language indicates that it is only applicable under circumstances where the person claiming self-defense is engaged in another independent forcible felony at the time. Giles v. State, 831 So. 2d 1263, 1265 (Fla. 4th DCA 2002) (citing Perkins v. State, 576 So. 2d 1310 (Fla.1991)).
The forcible felony instruction is normally given in situations where the accused is charged with at least two criminal acts, the act for which the accused is claiming self-defense and a separate forcible felony. Giles, 831 So. 2d at 1265 (citing Marshall v. State, 604 So. 2d 799 (Fla.1992)).
The trial court’s instruction on the forcible felony exception to self-defense was erroneous because appellant was only charged with one forcible felony, the alleged second-degree murder, an act she claimed was done in self-defense. See Giles, 831 So. 2d at 1265. The effect of instructing the jury on the forcible felony exception to appellant’s self- defense instruction was to negate appellant’s only defense. See Giles, 831 So. 2d at 1265 (“The instruction given improperly told the jury that the very act Giles sought to justify itself precluded a finding of justification.”); Rich v. State, 858 So. 2d 1210, 1210 (Fla. 4th DCA 2003) (citing Giles).
Although the State concedes on appeal that the instruction was erroneously given, the State argues that it was harmless error. However, we cannot conclude that the error was harmless as there is a reasonable possibility that the error contributed to the conviction. See Williams v. State, 863 So. 2d 1189 (Fla.2003) (citing Goodwin v. State, 751 So. 2d 537 (Fla.1999); State v. DiGuilio, 491 So. 2d 1129 (Fla.1986)).
REVERSED and REMANDED for a new trial.
WEBSTER, LEWIS and HAWKES, JJ., concur.
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Citator
Authorities Cited
- State v. DiGUILIO, 491 So. 2d 1129 (Fla. 1986)
- Goodwin v. State, 751 So. 2d 537 (Fla. 1999)
- Perkins v. State, 576 So. 2d 1310 (Fla. 1991)
- Lamonda D. Giles v. State, 831 So. 2d 1263 (Fla. 4th DCA 2002)
- Marshall v. State, 604 So. 2d 799 (Fla. 1992)
- Rich v. State, 858 So. 2d 1210 (Fla. 4th DCA 2003)
- Williams v. State, 863 So. 2d 1189 (Fla. 2003)