Florida District Courts of Appeal, 2003

Galiano v. State

Galiano v. State
Florida District Courts of Appeal · Decided May 14, 2003 · Goderich, Green, Schwartz
844 So. 2d 811; 2003 Fla. App. LEXIS 7045; 2003 WL 21076920 (Southern Reporter, Second Series)

Galiano v. State

Opinion of the Court

PER CURIAM.

Galiano appeals his conviction and sentence for aggravated battery, following a jury trial. He first argues, and we agree, that the trial court erred in refusing to instruct the jury on both the defense of justifiable use of non-deadly force and the defense of justifiable use of deadly force where the evidence supported the same. See Curington v. State, 704 So.2d 1137, 1139-40 (Fla. 5th DCA 1998) (stating that “[wjhere evidence presented at trial supports an instruction on self-defense (use of deadly force as well as non-deadly force), it is error not to give it.”). We find no merit to his remaining point on appeal.

Accordingly, we reverse and remand for a new trial.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.