TONY ANTHONY WILLIAMS, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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The trial court erred in refusing to instruct the jury on the use of force in defense of another, as the defendant's testimony that the injury was accidental was not inconsistent with this defense.
[1] A defendant is entitled to a jury instruction on a theory of defense if any evidence supports it, even if the evidence is weak or improbable.
[2] A defendant's assertion that an injury was accidental generally precludes instructions on self-defense or defense of another, as these defenses typically involve an admis…
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Join FLexlaw to unlock all legal intelligenceThe defendant testified that while trying to separate his roommate and his girlfriend, they both fell, and a knife he was holding accidentally opened …
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ALLEN, Judge.
Tony Anthony Williams raises several points in appealing his conviction and sentence for the aggravated battery of Hodges Lamar Minor.
We hold that the trial court erred in refusing to instruct the jury on the use of force in defense of another and therefore reverse. Williams gave the following testimony at trial.
On March 29, 1990, he was sharing a mobile home with Minor and Minor’s girlfriend, Ethel Barnes. Williams came home from work to find Minor and Barnes talking and drinking from a half-empty liquor bottle. Williams went into his room in the mobile home and began to cut molding strips with a carpenter’s knife, described as “an aluminum-type knife with a slide top.” Minor and Barnes began to argue and curse in their room. When Williams heard a window break, he went to their room, out of concern for Barnes’s safety. (Williams knew that the couple had had violent fights before and that Minor had recently kicked Barnes in the mouth. He still had the carpenter’s knife in his hand as he went to the couple’s bedroom.) Williams found Minor and Barnes holding each other’s arms, so he stepped between them to separate them. When they separated, Minor grabbed Williams and they started “to tussle.” Both tripped on a vent in the floor and fell. During the fall, the knife slipped open and struck Minor in the shoulder. Williams specifically denied intentionally stabbing Minor. Williams’s counsel requested instructions on the use of force in self defense and in defense of another. He now argues that the court’s denial of those requests was error.
The state responds that Williams was not entitled to an instruction on self defense or defense of another because Williams’s testimony that the cutting was accidental was inconsistent with both defenses.
A defendant is entitled to an instruction as to his theory of defense if there is any evidence to support it. Brown v. State, 431 So. 2d 247 (Fla. 1st DCA 1983). This is true even if the only evidence of the defense is provided by the defendant’s own testimony, and even if that testimony is weak or improbable. Holley v. State, 423 So. 2d 562 (Fla. 1st DCA 1982); Taylor v. State, 410 So. 2d 1358 (Fla. 1st DCA), rev. denied, 418 So. 2d 1281 (Fla.1982).
A defendant’s assertion that his injury of another was accidental will generally preclude an instruction on self defense or defense of another. See Pimentel v. State, 442 So. 2d 228 (Fla. 3d DCA 1983), rev. denied, 450 So. 2d 488 (Fla.1984). This is so because these defenses involve an admission and avoidance. Normally, a claim that injuries were inflicted accidentally will be so inconsistent with a claim of self defense or defense of another as to logically preclude an instruction on either defense.
However, where there is evidence indicating that the accidental infliction of an injury and the defense of self defense or defense of another are so intertwined that the jury could reasonably find that the accident resulted from the justifiable use of force, an instruction on self defense or defense of another is not logically precluded. Under such circumstances, the assertion that the injury was unintended or accidental does not disprove the defendant’s claim that he was acting in self defense or in defense of another.
Accordingly, under these circumstances, the appropriate defensive instruction should be given. See Mills v. State, 490 So. 2d 204 (Fla. 3d DCA), rev. denied, 494 So. 2d 1153 (Fla.1986); and Hunter v. State, 378 So. 2d 845 (Fla. 1st DCA 1979). Cf. Foreman v. State, 47 So. 2d 308 (Fla.1950); and Pinder v. State, 27 Fla. 370, 8 So. 837, 841 (1891) (a defendant is entitled to an instruction on self defense where his accidental injuring or killing of a person grows out of his exercise of self defense against a third person).
In the case before us, Williams’s assertion that Minor was accidentally injured was not inconsistent with his testimony that the injury grew out of his efforts to defend Ethel Barnes from being further injured by Minor. He was therefore entitled to an instruction on the use of force in defense of another. Williams’s claim that he was entitled to an instruction on self defense presents a closer question because his testimony suggests that his intervention and the ensuing “tussle” were motivated by a perceived need to defend Barnes rather than to defend himself. The determination of whether to give a self defense instruction upon retrial should, of course, depend upon the evidence presented at the trial.
Because of our determination that this case must be retried, we do not address Williams’s other points, all of which relate to his sentence. The judgment and sentence are reversed and this cause is remanded for a new trial.
WIGGINTON and WOLF, JJ., concur.
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Bozeman v. State, 714 So. 2d 570 (Fla. 1st DCA 1998)…See, e.g., Hooper v. State, 476 So. 2d 1253, 1256 (Fla.1985), cert. denied, 475 U.S. 1098, 106 S.Ct. 1501, 89 L.Ed.2d 901 (1986); Carruthers v. State, 636 So. 2d 853, 856 (Fla. 1st DCA), rev. dismissed, 639 So. 2d 981 (Fla.1994); Williams v. State, 588 So. 2d 44, 45 (Fla. 1st DCA 1991). The essential elements of the defense of necessity are (1) that the defendant reasonably believed that his action was necessary to avoid an imminent threat of death or serious bodily injury to himself or others, (2) that t…
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Palmore v. State, 838 So. 2d 1222 (Fla. 1st DCA 2003)…, 814 So. 2d 322 (Fla.2002); see also Bozeman, 714 So. 2d at 572 (noting that the defendant was entitled to jury instruction on his theory of defense even if the only evidence to support that theory was the defendant’s testimony); Williams v. State, 588 So. 2d 44, 45 (Fla. 1st DCA 1991) (noting that the defendant was entitled to have jury instructed on his theory of defense even if the evidence was weak or improbable). I In the case at bar, evidence was presented that Appellant and the victim, Addie Jones…
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Hair v. State, 17 So. 3d 804 (Fla. 1st DCA 2009)…e denied because of the existence of disputed issues of material fact. The circuit court’s other basis for denial of the motion, that the handgun accidentally fired while being used as a club, is erroneous as a matter of law. See Williams v. State, 588 So. 2d 44 (Fla. 1st DCA 1991); McInnis v. State, 642 So. 2d 831 (Fla. 2d DCA 1994); Fowler v. State, 492 So. 2d 1344 (Fla. 1st DCA 1986); Diaz v. State, 387 So. 2d 978 (Fla. 3d DCA 1980). CONCLUSION Petitioner was aware that Harper, the victim, had unlawful…
Previewing 3 of 16 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Pinder v. State, 27 Fla. 370 (Fla. 1891)
- Foreman v. State, 47 So. 2d 308 (Fla. 1950)
- Taylor v. State, 410 So. 2d 1358 (Fla. 1st DCA 1982)
- Short v. State, 423 So. 2d 562 (Fla. 2d DCA 1982)
- Holley v. State, 423 So. 2d 562 (Fla. 1st DCA 1982)
- Pimentel v. State, 442 So. 2d 228 (Fla. 3d DCA 1983)
- Brown v. State, 431 So. 2d 247 (Fla. 1st DCA 1983)
- Mills v. State, 490 So. 2d 204 (Fla. 3d DCA 1986)
- Hunter v. State, 378 So. 2d 845 (Fla. 1st DCA 1979)