Galiano v. State

District Court of Appeal of Florida

Galiano v. State

844 So. 2d 811, 2003 Fla. App. LEXIS 7045, 2003 WL 21076920

District Court of Appeal of Florida·Decided May 14, 2003·No. No. 3D02-3139·Published

Opinion

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.

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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.

Galiano v. State, 844 So. 2d 811, 2003 Fla. App. LEXIS 7045, 2003 WL 21076920 (Fla. Ct. App. 2003).

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Opinion

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