Castillo v. State
Florida District Courts of Appeal
Castillo v. State, 896 So. 2d 973 (2005)
2005 Fla. App. LEXIS 4530; 2005 WL 735905
Monaco, Peterson, Torpy
Castillo v. State
Opinion of the Court
Appellant was charged with resisting arrest and battery on a law enforcement officer arising from a single episode. He claimed self-defense but objected when the court instructed the jury on the “forcible felony” exception to his self-defense claim. The court overruled his objection. In so doing, the court erred and a new trial is required. Carter v. State, 889 So.2d 937 (Fla. 5th DCA 2004); see also Jackson v. State, 463 So.2d 372 (Fla. 5th DCA 1985) (self defense available defense in regard to charge of battery and resisting arrest arising out of single incident).
REVERSED and REMANDED.
Reference
- Full Case Name
- Marcos CASTILLO v. STATE of Florida
- Cited By
- 1 case
- Status
- Published