PATRICK HARDY, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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The Fourth District Court of Appeal reversed Patrick Hardy's conviction for aggravated battery because the trial court gave a fundamentally erroneous jury instruction on self-defense that effectively negated Hardy's sole legal defense.
The trial court committed fundamental error in instructing the jury that the use of force was not justified if the defendant was committing aggravated battery. This instruction negated Hardy's sole defense and made conviction easier for the state. The conviction is reversed and the case is remanded for a new trial.
[1] A jury instruction is misleading and constitutes fundamental error when it negates a defendant's sole legal defense.
[2] A misleading jury instruction on self-defense is fundamental error if it makes a conviction easier for the state.
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Join FLexlaw to unlock all legal intelligence“Defendant was charged with aggravated battery and his sole defense at trial was justification. The jury instruction had the effect of negating this legal defense.”
Establishes that the instruction directly contradicted the defendant's sole defense theory.
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Join FLexlaw to unlock all legal intelligencePatrick Hardy was charged with aggravated battery. His sole defense at trial was justification/self-defense. The trial court instructed the jury that …
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PER CURIAM.
We reverse defendant’s conviction for aggravated battery because the trial court committed fundamental error in charging the jury with a misleading instruction on self defense. The trial court instructed that the use of force was not justified if defendant was committing or attempting to commit aggravated battery. Defendant was charged with aggravated battery and his sole defense at trial was justification. The jury instruction had the effect of negating this legal defense. See Giles v. State, 831 So. 2d 1263, 1266 (Fla. 4th DCA 2002) (finding instruction applicable only under circumstances where the person claiming self-defense is engaged in another independent forcible felony); Rich v. State, 858 So. 2d 1210, 1210 (Fla. 4th DCA 2003) (trial court fundamentally erred in giving this instruction when it negated sole defense).
The state concedes that the instruction was erroneous based on our holdings in Giles and Rich but argues that the error did not prejudice or affect the outcome. Record evidence supported defendant’s theory of justification and the propriety of giving an instruction on self defense was not an issue. Defendant is entitled to have the jury properly instructed on the law applicable to his defense. See Giles, 831 So. 2d at 1266 (citing Bryant v. State, 412 So. 2d 347, 350 (Fla.1982)).
We think the error prejudiced the outcome and is therefore fundamental. See Reed v. State, 837 So. 2d 366, 370 (Fla.2002) (“By its very nature, fundamental error has to be considered harmful. If the error was not harmful, it would not meet our requirement for being fundamental.”). A misleading instruction to a jury as to the law concerning a legal defense is fundamental error where it makes a conviction easier for the state. Id. at 369 (“It is fundamental error if the inaccurately defined malice element is disputed ... and the inaccurate definition ‘is pertinent or material to what the jury must consider in order to convict.’ ”).
As to the other arguments raised, we find no reversible error. We reverse defendant’s conviction and remand for a new trial.
FARMER, C.J., SHAHOOD, J., and GREENE, CHARLES M„ Associate Judge, concur.
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Martinez v. State, 981 So. 2d 449 (Fla. 2008)…is entitled to relief where a forcible-felony instruction has been erroneously given only if it is the sole defensive position. See Grier v. State, 928 So. 2d 368 (Fla. 3d DCA 2006); Bevan v. State, 908 So. 2d 524 (Fla. 2d DCA 2005); Hardy v. State, 901 So. 2d 985 (Fla. 4th DCA 2005); Estevez v. State, 901 So. 2d 989 (Fla. 4th DCA 2005); Williams v. State, 901 So. 2d 899 (Fla. 4th DCA 2005); Dunnaway v. State, 883 So. 2d 876 (Fla. 4th DCA 2004); Carter v. State, 889 So. 2d 937 (Fla. 5th DCA 2004); Zuniga v. S…
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Bevan v. State, 908 So. 2d 524 (Fla. 2d DCA 2005)…e Rich v. State, 858 So. 2d 1210 (Fla. 4th DCA 2003); Giles v. State, 831 So. 2d 1263, 1266 (Fla. 4th DCA 2002). Thus, we must reverse Mr. Bevan’s convictions for assault and criminal mischief and remand the case for a new trial. See Hardy v. State, 901 So. 2d 985 (Fla. 4th DCA 2005); Rich, 858 So. 2d at 1210-11. Because self-defense was not an issue as to the charge of battery, that conviction is not affected by this issue. We have considered Mr. Bevan’s remaining issues and conclude that they do not warrant…
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Vondyleyn M. Sutton v. State, 929 So. 2d 1105 (Fla. 4th DCA 2006)…DCA 2002). This error has been found to be fundamental. Rich v. State, 858 So. 2d [*1107] 1210 (Fla. 4th DCA 2003). See also Estevez v. State, 901 So. 2d 989 (Fla. 4th DCA 2005); Williams v. State, 901 So. 2d 899 (Fla. 4th DCA 2005); Hardy v. State, 901 So. 2d 985 (Fla. 4th DCA 2005); Dunnaway v. State, 883 So. 2d 876 (Fla. 4th DCA 2004); Carter v. State, 889 So. 2d 937 (Fla. 5th DCA 2004). However, the jury instruction that was given does not constitute fundamental error if the evidence adduced at trial does…
Previewing 3 of 5 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Reed v. State, 837 So. 2d 366 (Fla. 2002)
- Lamonda D. Giles v. State, 831 So. 2d 1263 (Fla. 4th DCA 2002)
- Bryant v. State, 412 So. 2d 347 (Fla. 1982)
- THE Florida BAR v. Aronson, 412 So. 2d 347 (Fla. 1982)
- Rich v. State, 858 So. 2d 1210 (Fla. 4th DCA 2003)