HARDY v. STATE

No. 4D03-2600.

901 So.2d 985 (2005)

Patrick HARDY, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fourth District.

May 11, 2005.


Attorney(s) appearing for the Case

Michael D. Gelety, Fort Lauderdale, for appellant.

Charles J. Crist, Jr., Attorney General, Tallahassee, and Mark Hamel, and Linda Harrison, Assistant Attorneys General, West Palm Beach, for appellee.


PER CURIAM.

We reverse defendant's conviction for aggravated battery because the trial court committed fundamental error in charging the jury with a misleading instruction on self defense. The trial court instructed that the use of force was not justified if defendant was committing or attempting to commit aggravated battery. Defendant was charged with aggravated battery and his sole defense at trial was justification. The...

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