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Castillo v. State

District Court of Appeal of Florida, Fifth District
Apr 1, 2005
896 So. 2d 973 (Fla. Dist. Ct. App. 2005)

Summary

finding that trial court erred in giving the instruction over defense objection

Summary of this case from Martinez v. State

Opinion

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.


Summaries of

Castillo v. State

District Court of Appeal of Florida, Fifth District
Apr 1, 2005
896 So. 2d 973 (Fla. Dist. Ct. App. 2005)

finding that trial court erred in giving the instruction over defense objection

Summary of this case from Martinez v. State

finding that trial court erred in giving the instruction over defense objection

Summary of this case from Martinez v. State
Case details for

Castillo v. State

Case Details

Full title:Marcos CASTILLO, Appellant, v. STATE of Florida, Appellee

Court:District Court of Appeal of Florida, Fifth District

Date published: Apr 1, 2005

Citations

896 So. 2d 973 (Fla. Dist. Ct. App. 2005)

Citing Cases

Martinez v. State

The dissent's reliance on the following cases is misplaced, as in each, defense counsel objected to the…

Martinez v. State

The dissent's reliance on the following cases is misplaced, as in each, defense counsel objected to the…