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Galiano v. State

844 So. 2d 811, 2003 Fla. App. LEXIS 7045, 2003 WL 21076920
CourtDistrict Court of Appeal of Florida
DecidedMay 14, 2003
DocketNo. 3D02-3139
StatusPublished

This text of 844 So. 2d 811 (Galiano 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.

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

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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Related

Curington v. State
704 So. 2d 1137 (District Court of Appeal of Florida, 1998)

Cite This Page — Counsel Stack

Bluebook (online)
844 So. 2d 811, 2003 Fla. App. LEXIS 7045, 2003 WL 21076920, Counsel Stack Legal Research, https://law.counselstack.com/opinion/galiano-v-state-fladistctapp-2003.