Castillo v. State

District Court of Appeal of Florida

Castillo v. State

896 So. 2d 973, 2005 Fla. App. LEXIS 4530, 2005 WL 735905

CourtDistrict Court of Appeal of Florida

DecidedApril 1, 2005

DocketNo. 5D04-2220

StatusPublished

Cited by1 cases

This text of 896 So. 2d 973 (Castillo v. State) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Castillo v. State, 896 So. 2d 973, 2005 Fla. App. LEXIS 4530, 2005 WL 735905 (Fla. Ct. App. 2005).

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Opinion

PER CURIAM.

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.

PETERSON, MONACO and TORPY, JJ., concur.

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PER CURIAM.

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.

PETERSON, MONACO and TORPY, JJ., concur.

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896 So. 2d 973, 2005 Fla. App. LEXIS 4530, 2005 WL 735905, Counsel Stack Legal Research, https://law.counselstack.com/opinion/castillo-v-state-fladistctapp-2005.

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