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896 So. 2d 973

Castillo v. State

District Court of Appeal of Florida · decided 2005-04-01

Cited by 1 later decisions — most recently May 2006

1 state decisions

Relies on 463 So. 2d 372 - Jackson v. State · 889 So. 2d 937 - Carter v. State

Good law ✅— No negative treatment on recordhow we know

Decided 2005-04-01

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PER CURIAM.

¶1Appellant 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).

¶2REVERSED and REMANDED.

PETERSON, MONACO and TORPY, JJ., concur.
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