SWANSON v. STATE

No. 2D04-5216.

921 So.2d 852 (2006)

John Glenn SWANSON, Jr., Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Second District.

March 3, 2006.


Attorney(s) appearing for the Case

James Marion Moorman, Public Defender, and Clark E. Green, Assistant Public Defender, Bartow, for Appellant.

Charles J. Crist, Jr., Attorney General, Tallahassee, and Donna S. Koch, Assistant Attorney General, Tampa, for Appellee.


KELLY, Judge.

John Swanson, Jr., appeals from his judgment and sentence for aggravated battery with a deadly weapon. We reverse because the jury instruction given on self-defense constituted fundamental error.

Swanson committed the single act of aggravated battery and claimed self-defense. The trial court instructed the jury on the forcible felony exception to self-defense. The court told the jury that "the use of force likely to cause death or great bodily...

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