GILES v. STATE

No. 4D01-3850.

831 So.2d 1263 (2002)

Lamonda D. GILES, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fourth District.

December 18, 2002.


Attorney(s) appearing for the Case

Carey Haughwout, Public Defender, and Tatjana Ostapoff, Assistant Public Defender, West Palm Beach, for appellant.

Richard E. Doran, Attorney General, Tallahassee, and Sue-Ellen Kenny, Assistant Attorney General, West Palm Beach, for appellee.


STONE, J.

We reverse Giles' aggravated battery conviction, as the wording of a self-defense jury instruction was misleading.

Giles and the victim, Leon White, were engaged in a poker game when White became frustrated, stood up, and threw his cards in towards Giles. Giles stood up and struck White in the eye. After a brief struggle, they went outside and continued arguing. White picked up a beer bottle and threw it, but did not hit Giles. A witness then saw...

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