BERRY v. STATE

No. 90-0485.

586 So.2d 1229 (1991)

Hank H. BERRY, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fourth District.

Rehearing Denied November 5, 1991.


Attorney(s) appearing for the Case

Richard L. Jorandby, Public Defender, and Allen J. DeWeese, Asst. Public Defender, West Palm Beach, for appellant.

Robert A. Butterworth, Atty. Gen., Tallahassee, and Georgina Jimenez-Orosa, Asst. Atty. Gen., West Palm Beach, for appellee.


FARMER, Judge.

Appellant was charged with aggravated battery. The victim of the battery testified that appellant was drunk, the arresting officer testified that appellant was drunk (under the influence), and appellant himself testified that he had had at least six beers and some wine before the altercation. Nevertheless the trial court refused to give a requested jury instruction of voluntary intoxication as a defense to the charge of aggravated battery.

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