JACKSON v. STATE

No. 4D05-699.

935 So.2d 107 (2006)

Benny J. JACKSON, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fourth District.

August 9, 2006.


Attorney(s) appearing for the Case

Sebastian Cotrone, Special Public Defender, Fort Lauderdale, for appellant.

Charles J. Crist, Jr., Attorney General, Tallahassee, and Jeanine M. Germanowicz, Assistant Attorney General, West Palm Beach, for appellee.


STEVENSON, C.J.

Following an altercation at a transfer dumping station, appellant was charged and convicted of felony battery for stabbing Patrick Nelson and of aggravated assault with a deadly weapon for threatening Leroy Bailey with a knife. We reverse because it was fundamental error for the trial court to charge the jury on the "forcible felony" exception to self-defense where there was no independent felony and the jury could have concluded that the "forcible...

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