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CLEVELAND v. STATE

No. 5D03-2067.

887 So.2d 362 (2004)

Paul H. CLEVELAND, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fifth District.

Opinion Denying Rehearing December 3, 2004.

Attorney(s) appearing for the Case

James B. Gibson, Public Defender, and Susan A. Fagan, Assistant Public Defender, Daytona Beach, for Appellant.

Charles J. Crist, Jr., Attorney General, Tallahassee, and Allison Leigh Morris, Assistant Attorney General, Daytona Beach, for Appellee.

PER CURIAM.

Paul H. Cleveland appeals his conviction for aggravated battery.1 We reverse and remand for a new trial because the trial court committed fundamental error when it negated Cleveland's self-defense claim by instructing the jury that the use of force was not justified if he was committing or attempting to commit aggravated battery.

At trial, the trial court instructed the jury on Cleveland's self-defense claim. However...

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