Harvey v. State

John L. HARVEY, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida

Decided April 8, 2005.

District Court of Appeal of Florida · decided 2005-04-08

Cited by 2 later decisions — most recently May 2006

2 state decisions

Key passage — most relied on by later courts

“[T]he lower court committed fundamental error when it charged the jury on the `forcible felony' exception to self defense.”

quoted by 1 later decision, including Thomas v. State

Relies on 889 So. 2d 937 - Carter v. State

Good law ✅— No negative treatment on recordhow we know

Decided 2005-04-08

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¶1Raymond M. Warren of Warren & Warren, P.A., Daytona Beach, for Appellant.

¶2Charles J. Crist, Jr., Attorney General, Tallahassee, and Robin A. Compton, Assistant Attorney General, Daytona Beach, for Appellee.

¶3PER CURIAM.

¶4Appellant 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).

¶5REVERSED and REMANDED.

¶6SHARP, W., PLEUS and TORPY, JJ., concur.