FALWELL v. STATE

No. 5D10-2011.

88 So.3d 970 (2012)

John David FALWELL, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fifth District.

Rehearing Denied May 31, 2012.


Attorney(s) appearing for the Case

James S. Purdy , Public Defender, and Meghan Ann Collins , Assistant Public Defender, Daytona Beach, for Appellant.

Pamela Jo Bondi , Attorney General, Tallahassee, and Kristen L. Davenport , Assistant Attorney General, Daytona Beach, for Appellee.


ORFINGER, C.J.

John Falwell appeals his conviction of aggravated battery. Falwell argues that the trial court erred in denying his motion for statutory immunity from prosecution under sections 776.032, 776.012 and 776.013, Florida Statutes (2010), the justifiable use of force and "stand your ground" statutes, and that the self-defense jury instruction was fundamentally erroneous. Although we affirm, the jury instruction issue merits discussion.

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