DORTCH v. STATE

No. 2D06-2360.

965 So.2d 860 (2007)

Barbara Jean DORTCH, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Second District.

October 12, 2007.


Attorney(s) appearing for the Case

James Marion Moorman, Public Defender, and Judith Ellis, Assistant Public Defender, Bartow, for Appellant.

Bill McCollum, Attorney General, Tallahassee, and Sonya Roebuck Horbelt, Assistant Attorney General, Tampa, for Appellee.


KELLY, Judge.

Barbara Dortch appeals from her judgment and sentence for felony battery. She argues that the trial court erred in giving an erroneous jury instruction on the justifiable use of force, her theory of defense. She concedes that defense counsel did not object to the instruction, but argues that the error is fundamental. We agree and reverse.

A trial court "should not give instructions which are confusing, contradictory, or misleading." Butler...

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