McClain v. State
McClain v. State
Opinion of the Court
Terence McClain appeals from the judgment and sentence entered after a jury
The events that led to the charges lodged against McClain occurred in a residential neighborhood in Apopka, Florida. McClain and the victim, Jesse Ingram, were involved in a shoot-out in which both were shot but survived.
The trial court properly concluded McClain was entitled to a jury instruction on self-defense. Over the defense’s objection, the trial court included the instruction on the forcible-felony exception, which provides that a claim of self-defense is not available to a defendant who was committing a forcible felony at the time he used deadly force. Thus, the jury was instructed as follows:
An issue in this case is whether the Defendant acted in self-defense. It is a defense to the offense with which Terence McClain is charged if the injuries to Jesse Ingram or Marlon Coley resulted from the justifiable use of deadly force.
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However, the use of deadly force is not justifiable if you find that Terence McClain was attempting to commit, committing, or escaping after the commission of attempted murder with a firearm, or aggravated battery with a firearm ....
Because McClain was not charged with a forcible felony other than the felonies for which he was claiming self-defense, we find the trial court erred in giving the instruction on the forcible-felony exception. See Martinez v. State, 981 So.2d 449, 454 (Fla. 2008). The inclusion of the instruction essentially precluded the jury from finding that McClain acted in self-defense.
Sua sponte, we have considered whether the erroneous instruction constituted harmless error. While McClain advanced alternative theories of defense,
For the benefit of the parties on remand, we further note that the trial court erred in imposing the minimum mandatory sentence for McClain’s attempted voluntary manslaughter conviction pursuant to section 775.087(2), Florida Statutes (2010). See Brown v. State, 83 So.3d 777, 778 (Fla.
REVERSED and REMANDED FOR A NEW TRIAL.
. McClain's gunfire also wounded a bystander, Marlon Coley.
. In addition to asserting self-defense, McClain argued during closing argument that his brother had shot Ingram and Coley.
Reference
- Full Case Name
- Terence McCLAIN v. STATE of Florida
- Cited By
- 1 case
- Status
- Published