Harvey v. State
This text of 897 So. 2d 556 (Harvey 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.
Opinion
John L. HARVEY, Appellant,
v.
STATE of Florida, Appellee.
District Court of Appeal of Florida, Fifth District.
Raymond M. Warren of Warren & Warren, P.A., Daytona Beach, for Appellant.
Charles J. Crist, Jr., Attorney General, Tallahassee, and Robin A. Compton, Assistant Attorney General, Daytona Beach, for Appellee.
PER CURIAM.
Appellant was charged with aggravated battery but convicted of the lesser crime of felony battery. A new trial is required, however, because the lower court committed fundamental error when it charged the jury on the "forcible felony" exception to self defense. Carter v. State, 889 So.2d 937 (Fla. 5th DCA 2004).
REVERSED and REMANDED.
SHARP, W., PLEUS and TORPY, JJ., concur.
Free access — add to your briefcase to read the full text and ask questions with AI
Related
Cite This Page — Counsel Stack
897 So. 2d 556, 2005 WL 782712, Counsel Stack Legal Research, https://law.counselstack.com/opinion/harvey-v-state-fladistctapp-2005.