V.M., A CHILD, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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V.M., a juvenile, was found guilty of felony battery against his teacher after hitting her while in a fight with another student. The court reversed because the State failed to present evidence rebutting V.M.'s claim of self-defense, even though transferred intent doctrine applied to extend criminal liability to the unintended victim.
The conviction must be reversed because the State failed to present evidence rebutting V.M.'s self-defense claim. Although transferred intent doctrine permits charging battery against an unintended victim, self-defense operates to excuse battery on both the intended and unintended victim when the defendant acted in self-defense.
[1] The doctrine of transferred intent applies to felony battery charges.
[2] Self-defense is a viable defense to a battery charge, even when the victim is unintended.
Previewing 2 of 4 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligence“Where self-defense is a viable defense to the charge of battery on an intended victim, the defense also operates to excuse the battery on the unintended victim.”
Establishes the key legal principle that self-defense applies to both intended and unintended battery victims
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Join FLexlaw to unlock all legal intelligenceV.M. and another student were fighting in a classroom when their teacher intervened. The teacher testified she could not determine who started the fig…
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STEVENSON, J.
Appellant V.M. challenges an order withholding adjudication of delinquency but finding him guilty of felony battery pursuant to section 784.041, Florida Statutes (1999), for hitting his teacher during a fight with another student. We reverse because the State failed to introduce any evidence to rebut V.M.’s claim of self-defense.
V.M. and another male student were fighting when their teacher entered the classroom. The teacher testified at trial that she was unable to determine who had initiated the fight, but when she tried to intercede, “I guess [V.M.] went to hit [the other student], who was in front of him, and brought his arm back to get a good swing and then got me in the nose.” The teacher suffered a broken nose as a result of the incident. V.M. testified that the boy attacked him because V.M. told him he was not afraid of him. No other witnesses testified at the juvenile proceeding.
V.M. was charged with felony battery under the theory that his intent to commit battery upon the student was transferred to the teacher. See D.J. v. State, 651 So. 2d 1255, 1256 (Fla. 1st DCA 1995)(recognizing that the doctrine of transferred intent is a legal fiction which operates to transfer a defendant’s intent as to the intended victim to an unintended victim). Although the State successfully proved the elements to convict V.M. of felony battery on the teacher, the State failed to present any evidence to rebut V.M.’s assertion of self-defense.1 Where self-defense is a viable defense to the charge of battery on an intended victim, the defense also operates to excuse the battery on the unintended victim. See Pinder v. State, 27 Fla. 870, 8 So. 837 (1891); Battles v. State, 498 So. 2d 1028, 1030 (Fla. 1st DCA 1986). Because the State failed to rebut V.M.’s claim of self-defense, the trial court erred in denying V.M.’s motion for judgment of acquittal.
REVERSED.
FARMER and HAZOURI, JJ., concur. . See Thompson v. State, 552 So. 2d 264, 266 (Fla. 2d DCA 1989)(holding that when a defendant has established a prima facie case of self-defense, the State must prove beyond a reasonable doubt that the defendant did not act in self-defense).
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W.E.P., Jr. v. State, 790 So. 2d 1166 (Fla. 4th DCA 2001)…is what the state argued in Rivera that the defendant should have done. In doing so, he unintentionally injured Knuff, but just as the court indicated in Rivera the same issue of self-defense is present. This case is also similar to V.M. v. State, 766 So. 2d 280 (Fla. 4th DCA 2000). V.M. had been found guilty of felony battery for hitting his teacher during a fight with another student under the theory that his intent to commit battery upon the student was transferred to the teacher. This court held that th…
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Sagner v. State, 791 So. 2d 1156 (Fla. 4th DCA 2001)…616 So. 2d 546 (Fla. 1st DCA), quashed in part on other grounds, 630 So. 2d 528 (Fla.1993); Battles v. State, 498 So. 2d 1028 (Fla. 1st DCA 1986); Brown v. State, 599 So. 2d 132 (Fla. 2d DCA 1992)(Altenbernd, J., concurring). See also V.M. v. State, 766 So. 2d 280 (Fla. 4th DCA 2000) (where juvenile’s intent to commit battery upon the student was transferrable to the teacher, and self-defense was a viable defense to the charge of battery on the student, the defense could also excuse the battery on the teacher…
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Croft v. State, 291 So. 3d 1285 (Fla. 5th DCA 2020)…the charge involving McCarthy, who clearly was not an intended victim. “Where self-defense is a viable defense to the charge of battery on an intended victim, the defense also operates to excuse the battery on the unintended victim.” V.M. v. State, 766 So. 2d 280, 281 (Fla. 4th DCA 2000) (citing Pinder v. State, 8 So. 837, 841 (Fla. 1891); Battles v. State, 498 So. 2d 1028, 1030 (Fla. 1st DCA 1986)). Furthermore, “where there is evidence indicating that the accidental infliction of an injury and the defense…
Previewing 3 of 6 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Thompson v. State, 552 So. 2d 264 (Fla. 2d DCA 1989)
- D.J. v. State, 651 So. 2d 1255 (Fla. 1st DCA 1995)
- Battles v. State, 498 So. 2d 1028 (Fla. 1st DCA 1986)