Harvey v. State

Apr 8, 2005
5D04-1345
Versions:897 So. 2d 556
2005 WL 782712

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.