Bassallo v. State
2010 Fla. App. LEXIS 17152
Fla. Dist. Ct. App.2010Background
- Bassallo was convicted of aggravated assault with a deadly weapon after an altercation with Curtis at Arrow Directional Boring's yard.
- Curtis testified that Bassallo swung a knife at him and chased him around a truck while others tried to intervene.
- Witnesses Stokes, Briones, Briones-Rodriguez, and Krites observed Bassallo with a knife and described Bassallo as enraged.
- An object identified as a soap stone was used by Bassallo in his self-defense theory; Curtis testified Bassallo had a knife, not a soap stone.
- The knife found by police was in a cabinet; Curtis identified it as the weapon used by Bassallo.
- The trial court gave a self-defense instruction referencing injury, which the defense argued was inappropriate for aggravated assault since no injury occurred; the verdict was appealed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the self-defense instruction was erroneous | Bassallo argues the instruction improperly required injury for self-defense when charged with aggravated assault. | State contends the instruction was proper and that injury may be psychological. | Fundamental error; instruction misstated law and negated sole defense; reversible error. |
Key Cases Cited
- Lawrence v. State, 831 So.2d 121 (Fla.2002) (fundamental error standard in trial assertions)
- Overton v. State, 801 So.2d 877 (Fla.2001) (preservation of error in jury instructions)
- Peters v. State, 33 So.3d 812 (Fla.4th DCA 2010) (standard jury instruction preferrence; need for accuracy)
- Evans v. State, 831 So.2d 808 (Fla.4th DCA 2002) (right to jury instruction on supported defense theory)
- Martinez v. State, 933 So.2d 1155 (Fla.3d DCA 2006) (erroneous instruction negating sole defense as fundamental error)
- Davis v. State, 804 So.2d 400 (Fla.4th DCA 2001) (inaccurate/misleading instruction undermining defense)
- Pollock v. State, 818 So.2d 654 (Fla.3d DCA 2002) (misleading jury instruction and closing argument improper influence)
- Stephens v. State, 787 So.2d 747 (Fla.2001) (instructional error review standards)
- Brown v. State, 11 So.3d 428 (Fla.2d DCA 2009) (standard instruction limitations on appellate relief)