CRAVEN v. STATE

No. 4D03-4340.

908 So.2d 523 (2005)

Curt CRAVEN, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fourth District.

Rehearing Denied August 30, 2005.


Attorney(s) appearing for the Case

Carey Haughwout, Public Defender, and Gary Caldwell, Assistant Public Defender, West Palm Beach, for appellant.

Charles J. Crist, Jr., Attorney General, Tallahassee, and Daniel P. Hyndman, Assistant Attorney General, West Palm Beach, for appellee.


WARNER, J.

We reverse appellant's conviction of aggravated battery because the trial court fundamentally erred in instructing the jury on appellant's defense of justifiable use of force. The court instructed the jury that appellant was not justified in the use of force if he was "attempting to commit, committing, or escaping after the commission of an aggravated battery." Where, as here, the defendant is charged only with the forcible felony of aggravated battery...

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