GENDRY RUIZ, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
PER CURIAM.
Appellant was charged with two counts of aggravated battery on two separate victims. She was acquitted on count one and convicted of count two. As to each count, Appellant raised self-defense. The lower court committed fundamental error by charging the jury on the “forcible felony” exception to self-defense where appellant was not engaged in an independent forcible felony. See Dunnaway v. State, 883 So. 2d 876 (Fla. 4th DCA 2004), rev. den. 891 So. 2d 553 (Fla.2004); Hickson v. State, 873 So. 2d 474 (Fla. 4th DCA 2004); Rich v. State, 858 So. 2d 1210 (Fla. 4th DCA 2003); Giles v. State, 831 So. 2d 1263 (Fla. 4th DCA 2002). Thus, we reverse and remand for a new trial on the conviction,
Reversed and Remanded.
GUNTHER, POLEN and HAZOURI, JJ., concur.
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Martinez v. State, 981 So. 2d 449 (Fla. 2008)…error has occurred requires a full review of the record. Id. . See, e.g., Bertke v. State, 927 So. 2d 76 (Fla. 5th DCA 2006); Newcomb v. State, 913 So. 2d 1293 (Fla. 2d DCA 2005); Craven v. State, 908 So. 2d 523 (Fla. 4th DCA 2005); Ruiz v. State, 900 So. 2d 733 (Fla. 4th DCA 2005); Swanson v. State, 921 So. 2d 852 (Fla. 2d DCA 2006); Velazquez v. State, 884 So. 2d 377 (Fla. 2d DCA 2004). . The jury was instructed as follows: However, the use of force likely to cause death or great bodily harm is not just…
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Farmer v. State, 975 So. 2d 1275 (Fla. 4th DCA 2008)…th DCA 2002), that we found to be so “circular and confusing” that it negated the defense. In Dunnaway v. State, 883 So. 2d 876 (Fla. 4th DCA 2004), we held that the giving of the Giles jury instruction was fundamental error. See also Ruiz v. State, 900 So. 2d 733 (Fla. 4th DCA 2005) (“The lower court committed fundamental error by charging the jury on the ‘forcible felony’ exception to self-defense where appellant was not engaged in an independent forcible felony.”); Hickson v. State, 873 So. 2d 474 (Fla. 4t…
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Kwamin Hassan Thomas v. State, 918 So. 2d 327 (Fla. 1st DCA 2005)…fense. See Giles v. State, 831 So. 2d 1263 (Fla. 4th DCA 2002). Appellant further argues that the trial court fundamentally erred by instructing the jury on the forcible felony exception under the facts of the present case. See, e.g., Ruiz v. State, 900 So. 2d 733 (Fla. 4th DCA 2005) (“The lower court committed fundamental error by charging the jury on the ‘forcible felony’ exception to self-defense where appellant was not engaged in an independent forcible felony.”); Harvey v. State, 897 So. 2d 556 (Fla. 5th…
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Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Lamonda D. Giles v. State, 831 So. 2d 1263 (Fla. 4th DCA 2002)
- Rich v. State, 858 So. 2d 1210 (Fla. 4th DCA 2003)
- Dunnaway v. State, 883 So. 2d 876 (Fla. 4th DCA 2004)
- Hickson v. State, 873 So. 2d 474 (Fla. 4th DCA 2004)