HIDALGO v. STATE

No. 78-498.

364 So.2d 817 (1978)

Alfredo HIDALGO, Appellant, v. The STATE of Florida, Appellee.

District Court of Appeal of Florida, Third District.

Rehearing Denied December 18, 1978.


Attorney(s) appearing for the Case

Paul E. Gifford, Coral Gables, for appellant.

Robert L. Shevin, Atty. Gen., and Paul Mendelson, Asst. Atty. Gen., for appellee.

Before PEARSON and HENDRY, JJ., and CHARLES CARROLL (Ret.), Associate Judge.


PER CURIAM.

The appellant, Alfredo Hidalgo, was found guilty of aggravated battery by a jury. On this appeal, reversal is urged upon two grounds: (1) that the court erred in refusing to instruct upon a claimed lesser-included offense of culpable negligence and (2) that the court's charge upon the defense of self-defense was improper.

Our review of the record, including the accusatory pleading and the evidence before the trial court, establishes that the misdemeanor...

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