Florida District Courts of Appeal, 2006

Sierra v. State

Sierra v. State
Florida District Courts of Appeal · Decided November 15, 2006 · Anna, Canady, Farnell, Silberman
941 So. 2d 566; 2006 Fla. App. LEXIS 18987; 2006 WL 3302521 (Southern Reporter, Second Series)

Sierra v. State

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 *567v. 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.

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