ESTEVEZ v. STATE

No. 4D03-4874.

901 So.2d 989 (2005)

George ESTEVEZ, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fourth District.

May 11, 2005.


Attorney(s) appearing for the Case

Steven J. Hammer, Fort Lauderdale, for appellant.

Charles J. Crist, Jr., Attorney General, Tallahassee, and Melynda L. Melear, Assistant Attorney General, West Palm Beach, for appellee.


POLEN, J.

George Estevez appeals a conviction and sentence for aggravated battery, and argues that the trial court committed fundamental error by instructing jurors in a single aggravated battery case that the defendant's use of force was not justifiable if he was attempting to commit, committing, or escaping after commission of an aggravated battery. We agree and reverse for a new trial.

Estevez was charged with one count, aggravated battery, for a stabbing...

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