NOVAK v. STATE

No. 4D06-3030.

974 So.2d 520 (2008)

Jason NOVAK, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fourth District.

February 6, 2008.


Attorney(s) appearing for the Case

Steven H. Malone of Steven H. Malone, P.A., West Palm Beach, for appellant.

Bill McCollum, Attorney General, Tallahassee, and Myra J. Fried, Assistant Attorney General, West Palm Beach, for appellee.


MAY, J.

The defendant challenges the former standard jury instruction on self defense in this appeal. He argues that fundamental error was created when the trial court instructed the jury on self defense. We agree and reverse.

The defendant's conviction for aggravated battery with a firearm arose out of a neighborhood dispute. Not surprisingly, the defendant's and victim's versions of the facts conflicted. According...

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