JOSE SIERRA, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
JOSE SIERRA, APPELLANT,
STATE OF FLORIDA, APPELLEE
941 So. 2d 566
Florida District Court of Appeal, Second District (2006)
Opinion of the Court
PER CURIAM.
Jose Sierra appeals his conviction and sentence for aggravated battery and argues that the trial court committed fundamental error in instructing the jury on his self-defense claim. The State properly concedes error. See Swanson v. State, 921 So. 2d 852 (Fla. 2d DCA 2006); Velazquez v. State, 884 So. 2d 377 (Fla. 2d DCA 2004); Baker v. State, 877 So. 2d 856 (Fla. 2d DCA 2004); Zuniga v. State, 869 So. 2d 1239 (Fla. 2d DCA 2004). Accordingly, we reverse and remand for a new trial.
Reversed and remanded.
SILBERMAN and CANADY, JJ, and FARNELL, DEE ANNA, Associate Judge, concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- Zuniga v. State, 869 So. 2d 1239 (Fla. 2d DCA 2004)
- Velazquez v. State, 884 So. 2d 377 (Fla. 2d DCA 2004)
- Baker v. State, 877 So. 2d 856 (Fla. 2d DCA 2004)
- Swanson v. State, 921 So. 2d 852 (Fla. 2d DCA 2006)