S.D.G., A CHILD, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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S.D.G., a juvenile, appealed her adjudication of delinquency for disorderly conduct after rejecting her self-defense claim. The Florida appellate court reversed, finding that the uncontroverted evidence established she was attacked by another juvenile and fought back in self-defense, which is a valid defense to disorderly conduct if the defendant did not provoke the fight.
The court reversed, holding that self-defense is a valid defense to disorderly conduct when the defendant did not provoke the fight and was protecting herself from an attacker. Because all evidence supported S.D.G.'s self-defense theory, the State failed to prove guilt beyond a reasonable doubt.
[1] Self-defense is a valid defense to a charge of disorderly conduct, provided the defendant did not provoke the fight.
[2] Once a defendant presents evidence supporting a claim of self-defense, the burden shifts to the State to prove beyond a reasonable doubt that the defendant's actions were…
Previewing 2 of 5 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“self-defense is a defense to the charge "provided that the person charged did not provoke the fight."”
Establishes the legal standard for self-defense as a defense to disorderly conduct
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Join FLexlaw to unlock all legal intelligenceOn January 8, 2005, Officer Murray responded to a reported fight and found S.D.G. and another juvenile fighting. The State's only witness, Officer Mur…
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LAWSON, J.
S.D.G. timely appeals from an adjudication of delinquency that was withheld for the charge of disorderly conduct.1 Appellant contends that the trial court erred in rejecting her defense of self-defense. We agree and reverse.
At trial, the State called only one witness, Officer John C. Murray, who had responded to a reported fight on January 8, 2005. Upon his arrival, Officer Murray observed a large crowd disbursing from the area where a fight had presumably taken place. When another altercation started outside of his view, Officer Murray moved toward the noise and found Appellant and another juvenile “locked together ... grabbing hold of each other and fighting.” The officer instructed the two to separate “several times” to no avail. When his partner “tasered” the other juvenile, Appellant then immediately backed away.
The only other witnesses were called by the defense. These two witnesses testified that the other juvenile attacked the Appellant, who only fought back in self-defense. This testimony was uncontroverted. On this record, Appellant was found delinquent for disorderly conduct.
While section 877.03, Florida Statutes (2005), defines “disorderly conduct” to include “brawling or fighting,” self-defense is a defense to the charge “provided that the person charged did not provoke the fight.” D.M.L. v. State, 773 So. 2d 1216, 1217 (Fla. 3d DCA 2000). Where a defendant did not initiate the fight, and was acting to protect herself from her attacker, the defense of self-defense applies. Id.
Once Appellant produced evidence supporting her claim of self-defense, the State was required to prove beyond a reasonable doubt that Appellant’s actions were not taken in self-defense to sustain a finding of guilt. See, e.g., Hernandez Ramos v. State, 496 So. 2d 837 (Fla. 2d DCA 1986). Because all of the evidence supported Appellant’s self-defense theory, the State’s proof of guilt was clearly insufficient as a matter of law. D.M.L., 773 So. 2d at 1217.
The State attempts to distinguish D.M.L. by arguing that because there was evidence that Appellant and her assailant were exchanging “fighting words” during the altercation, the evidence of her verbal conduct should be sufficient to sustain the finding of guilt. A careful review of the record, however, reveals that the State’s sole witness “couldn’t tell ... exactly who was hollering.” The only defense witness who was asked, testified that it was Appellant’s assailant who was “yelling” and “screaming.” Therefore, there was no evidence that Appellant created a disturbance with her words.2
The State also argues that the trial court’s finding is supported by Appellant’s failure to immediately withdraw from the altercation upon Officer Murray’s command. However, it is not clear from the evidence that Appellant heard the command or that she could have safely withdrawn prior to the disabling of her assailant. Therefore, even if the failure to respond to an officer’s command to withdraw from a fight undertaken in self-defense could constitute disorderly conduct under some circumstances, the finding of guilt clearly cannot be sustained on this record.
We reverse and remand with directions to discharge Appellant.
REVERSED and REMANDED.
SHARP, W., and TORPY, JJ., concur. . While adjudication of delinquency on the charge of disorderly conduct against Appellant was withheld and while Appellant has most likely already completed her sentence of six months of probation, the order appealed is reviewable pursuant to Florida Rule of Appellate Procedure 9.140(b)(1)(B).
. Even if there was record evidence of "yelling” by Appellant, we would be unwilling to hold that an individual must defend herself silently in order to prevail on a theory of self-defense.
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Martinez v. State, 981 So. 2d 449 (Fla. 2008)…produces evidence in support of a self-defense claim, the State is required to prove beyond a reasonable doubt that the defendant’s actions were not taken in self-defense. See Fowler v. State, 921 So. 2d 708, 711 (Fla. 2d DCA 2006); S.D.G. v. State, 919 So. 2d 704, 705 (Fla. 5th DCA 2006); Sneed v. State, 580 So. 2d 169, 170 (Fla. 4th DCA 1991). One district court has even held that the sheer importance of a self-defense instruction to a defendant renders it akin to an instruction on a disputed element of an…
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M.L.J. v. State, 93 So. 3d 348 (Fla. 2d DCA 2012)…judgment of dismissal based on self-defense. • We are unpersuaded. When charged with disorderly conduct, a defendant who does not initiate the fight and acts to protect himself or herself from the attacker may assert self-defense. S.D.G. v. State, 919 So. 2d 704, 705 (Fla. 5th DCA 2006). The defense applies only if the defendant did not provoke the fight. D.M.L. v. State, 773 So. 2d 1216, 1217 (Fla. 3d DCA 2000). However, our record reflects disputed facts as to whether M.L.J. was the aggressor. See, e.g.,…1 / 2
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S.R. v. State, 11 So. 3d 442 (Fla. 3d DCA 2009)…tal is de novo. E.A.B. v. State, 933 So. 2d 676 (Fla. 2d DCA 2006). Once evidence of self-defense is presented, the State must prove beyond a reasonable doubt that the actions were not taken in self-defense to uphold the conviction. S.D.G. v. State, 919 So. 2d 704 (Fla. 5th DCA 2006); S.J.C. v. State, 906 So. 2d 1115 (Fla. 2d DCA 2005); Guffey v. State, 837 So. 2d 1068 (Fla. 2d DCA 2003). Here, the State emphasizes that S.R. purposefully pushed Jerez; it was not an accident. This, however, is insufficient to…
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
- Ramos v. State, 496 So. 2d 837 (Fla. 2d DCA 1986)
- D.M.L. v. State, 773 So. 2d 1216 (Fla. 3d DCA 2000)