WILLIE SHELLS, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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The trial court's failure to sua sponte instruct the jury on self-defense did not constitute fundamental error when self-defense was not raised by counsel.
The defendant was convicted of battery on a law enforcement officer. Defense counsel's strategy focused on reasonable doubt, not self-defense, and no …
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GUNTHER, Judge.
Willie Shells (Shells) appeals from his judgment and sentence for battery on a law enforcement officer. On appeal, Shells asserts for the first time that the trial court should have sua sponte given a jury instruction on self-defense and that the failure to do so constituted fundamental error. We disagree and affirm.
At trial, defense counsel’s only theory of defense was that conflicts in the testimony would lead to a reasonable doubt of the defendant’s guilt. Shells’ defense attorney did not argue self-defense, did not request a self-defense instruction, and did not object to the instructions given to the jury.
We conclude that under these facts, the trial court’s failure to give a self-defense instruction did not constitute fundamental error. This case differs from Thomas v. State, 526 So. 2d 183 (Fla. 3d DCA), rev. denied, 536 So. 2d 245 (Fla.1988), because that case concerned the trial court’s failure to instruct on the defendant’s only defense at trial. In this ease, the jury was properly instructed on reasonable doubt and the elements of the offense the State had to prove.
Accordingly, Shells was not precluded from presenting the theory of defense that his attorney argued at trial. This case also differs from Vazquez v. State, 518 So. 2d 1348 (Fla. 4th DCA 1987), where defense counsel requested a self-defense instruction but the trial court neglected to give it. To find fundamental error in this case would place an unrealistic burden on the trial judge concerning trial tactics and strategy that should be left to defense counsel. See State v. Smith, 573 So. 2d 306, 310 (Fla. 1990).
Thus, we hold that the trial court’s failure to instruct on self-defense did not constitute fundamental error. AFFIRMED.
GLICKSTEIN and STONE, JJ., concur.
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Citator
Cited By
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Goode v. State, 856 So. 2d 1101 (Fla. 1st DCA 2003)…). The trial court’s failure to give an instruction unnecessary to prove an element of the crime, such as the affirmative defense of self-defense, is not fundamental error. See Holiday v. State, 753 So. 2d 1264, 1268 (Fla.2000); cf. Shells v. State, 642 So. 2d 1140, 1141 (Fla. 4th DCA 1994) (holding that to label the trial court's failure to give a jury instruction on self-defense as fundamental error, when the defense did not request such an instruction, "would place an unrealistic burden on the trial judge."…
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Celestor Gregory v. State, 211 So. 3d 292 (Fla. 4th DCA 2017)…nce of counsel apparent from the face of the record. Thus, “[t]o find fundamental error in this case would place an unrealistic burden on the trial judge concerning trial tactics and strategy that should be left to defense counsel.” Shells v. State, 642 So. 2d 1140, 1141 (Fla. 4th DCA 1994). Consequently, we affirm. Affirmed. May and Kuntz, JJ., concur.…
Authorities Cited
- State v. Smith, 573 So. 2d 306 (Fla. 1990)
- Vazquez v. State, 518 So. 2d 1348 (Fla. 4th DCA 1987)
- Thomas v. State, 526 So. 2d 183 (Fla. 3d DCA 1988)