JOHN L. HARVEY, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
JOHN L. HARVEY, APPELLANT,
STATE OF FLORIDA, APPELLEE
897 So. 2d 556
Florida District Court of Appeal, Fifth District (2005)
Positive Treatment
Cited by 4 cases
Opinion of the Court
PER CURIAM.
Appellant was charged with aggravated battery but convicted of the lesser crime of felony battery. A new trial is required, however, because the lower court committed fundamental error when it charged the jury on the “forcible felony” exception to self defense. Carter v. State, 889 So. 2d 937 (Fla. 5th DCA 2004).
REVERSED and REMANDED.
SHARP, W., PLEUS and TORPY, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Kwamin Hassan Thomas v. State, 918 So. 2d 327 (Fla. 1st DCA 2005)…v. State, 900 So. 2d 733 (Fla. 4th DCA 2005) (“The lower court committed fundamental error by charging the jury on the ‘forcible felony’ exception to self-defense where appellant was not engaged in an independent forcible felony.”); Harvey v. State, 897 So. 2d 556 (Fla. 5th DCA 2005) (“[T]he lower court committed fundamental error when it charged the jury on the ‘forcible felony’ exception to self defense.”). We decline to reach the question of whether the instruction in this case rose to the level of fundam…
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Martinez v. State, 933 So. 2d 1155 (Fla. 3d DCA 2006)…4th DCA), review denied, 891 So. 2d 553 (Fla.2004); Rich v. State, 858 So. 2d 1210 (Fla. 4th DCA 2003); Sloss v. State, 30 Fla. L. Weekly D2328, 2005 WL 2396309 (Fla. 5th DCA 2006); Hawk v. State, 902 So. 2d 331 (Fla. 5th DCA 2005); Harvey v. State, 897 So. 2d 556 (Fla. 5th DCA 2005); Carter v. State, 889 So. 2d 937 (Fla. 5th DCA 2004), review denied, 903 So. 2d 190 (Fla. 2005); Cleveland v. State, 887 So. 2d 362 (Fla. 5th DCA 2004). . Accord Grier; Barnes; Houston; Brozey; Moore; Bates; Velazquez; Hernandez…
Authorities Cited
- Carter v. State, 889 So. 2d 937 (Fla. 5th DCA 2004)