Castillo v. State, 896 So. 2d 973

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.

Case Details

Case Name: Castillo v. State

Court Name: District Court of Appeal of Florida

Date Published: Apr 1, 2005

Citations: 896 So. 2d 973; 2005 Fla. App. LEXIS 4530; 2005 WL 735905; No. 5D04-2220

Docket Number: No. 5D04-2220

Court Abbreviation: Fla. Dist. Ct. App.