DEREK BRAZIL, APPELLANT,

v.

MONICA DAVID, ETC., APPELLEE

Citator

Cited By

• Mosansky v. State, 33 So. 3d 756 (Fla. 1st DCA 2010)
  …; rather, it is an affirmative defense that has the effect of legally excusing the defendant from an act that would otherwise be a criminal offense. See id. at 452-53 (quoting Hopson v. State, 127 Fla. 243, 168 So. 810, 811 (1936)); Cancel v. State, 985 So. 2d 1127, 1131 n. 3 (Fla. 5th DCA 2008) (Griffin, J., specially concurring); but cf. Zuniga v. State, 869 So. 2d 1239, 1240 (Fla. 2d DCA 2004) (“The self-defense instruction can be likened to an element of the offense for its importance to the defendant.”).…
• Donte Terell Morgan v. State, 127 So. 3d 708 (Fla. 5th DCA 2013)
  …milton’s bedroom. After the shooting, Morgan was not excited, and did not indicate that he had been threatened or attacked. Instead, he calmly robbed Wittig and Word of their driver’s licenses at gunpoint and left the apartment. See Cancel v. State, 985 So. 2d 1127 (Fla. 5th DCA 2008) (holding error to give forcible-felony instruction as defendant was not charged with more than one forcible felony but not fundamental error as defendant’s self-defense claim was extremely weak; after victim threw plastic bottle…
• Heriberto Vila v. State, 74 So. 3d 1110 (Fla. 5th DCA 2011)
  …within the province of the jury to make the determination as to whether the defendant surren [*1113] dered his right to self-defense pursuant to section 776.041. See generally Redding v. State, 41 So. 3d 353, 354 (Fla. 2d DCA 2010); Cancel v. State, 985 So. 2d 1127, 1129-30 (Fla. 5th DCA 2008); Bates v. State, 883 So. 2d 907, 908 (Fla. 2d DCA 2004). If evidence exists that raises self-defense as an issue, the proper approach is to offer the self-defense instruction with the forcible felony or initial provocati…

Authorities Cited

• Fwg v. Florida Dept. of Children and Families, 980 So. 2d 488 (Fla. 2008)