ROONEY LEE THOMAS, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE
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An incorrect jury instruction on justifiable use of force is fundamental error if it may have led to conviction.
Defendant was convicted of aggravated battery. His defense theory was justifiable force, but the jury instructions contained incorrect statements of l…
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PER CURIAM.
Rooney Lee Thomas (“defendant”) appeals his conviction and sentence for aggravated battery. We reverse because the trial court erred in its instructions to the jury.
An incorrect jury instruction on the defense of justifiable use of deadly and non-deadly force constitutes fundamental error if there is a reasonable possibility that the instruction may have led to the conviction. See Pollock v. State, 818 So. 2d 654 (Fla. 3d DCA 2002); Pieczynski v. State, 516 So. 2d 1048 (Fla. 3d DCA 1987). Such an error is compounded where the prosecutor emphasizes the lack of a threat of imminent harm during closing arguments. See Pollock v. State, 818 So. 2d 654 (Fla. 3d DCA 2002).
Here, the defendant’s theory of defense was justifiable force. However, the instructions read to the jury contained incorrect statements of the law regarding this affirmative defense. These erroneous instructions could have misled the jury and there is a reasonable possibility that these instructions led to the defendant’s conviction.
The instructions, in conjunction with the prosecutor’s contention that no threat of Imminent harm existed, acted to negate the defendant’s theory of defense. Due to these fundamental errors, the defendant’s sentence and conviction must be reversed and the defendant is entitled to a new trial. See Pollock v. State, 818 So. 2d 654 (Fla. 3d DCA 2002).
Reversed and remanded for a new trial.
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Rich v. State, 858 So. 2d 1210 (Fla. 4th DCA 2003)…damental error. “An incorrect jury instruction on the defense of justifiable use of deadly and non-deadly force constitutes fundamental error if there is a reasonable possibility that the instruction may have led to the conviction.” Thomas v. State, 831 So. 2d 253, 253 (Fla. 3d DCA 2002) (citations omitted). We determined in Giles that this instruction was misleading, and it was reasonably possible that it contributed to Giles’ conviction under circumstances similar to this case. 831 So. 2d at 1266. In additi…
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Dunnaway v. State, 883 So. 2d 876 (Fla. 4th DCA 2004)…damental error. “An incorrect jury instruction on the defense of justifiable use of deadly and non-deadly force constitutes fundamental error if there is a reasonable possibility that the instruction may have led to the conviction.” Thomas v. State, 831 So. 2d 253, 253 (Fla. 3d DCA 2002) (citations omitted). We determined in Giles that this instruction was misleading, and it was reasonably possible that it contributed to Giles’ conviction under circumstances similar to this case. 831 So. 2d at 1266. In additi…
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Martinez v. State, 933 So. 2d 1155 (Fla. 3d DCA 2006)…. 2d 1210 (Fla. 4th DCA 2003), the Fourth District also concluded that the trial court committed fundamental error when it gave the same instruction. In reaching this conclusion, the Fourth District relied on this court’s holding in Thomas v. State, 831 So. 2d 253 (Fla. 3d DCA 2002), regarding a different portion of the self-defense instruction. In Thomas, we held that, “An incorrect jury instruc [*1165] tion on the defense of justifiable use of deadly and non-deadly force constitutes fundamental error if the…
Previewing 3 of 4 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Pieczynski v. State, 516 So. 2d 1048 (Fla. 3d DCA 1987)
- Kevaris Lamont Pollock v. State, 818 So. 2d 654 (Fla. 3d DCA 2002)
- Rodriguez v. State, 818 So. 2d 654 (Fla. 3d DCA 2002)