SANTIAGO v. STATE

No. 2D10-5515.

88 So.3d 1020 (2012)

Jose F. SANTIAGO, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Second District.

May 25, 2012.


Attorney(s) appearing for the Case

Jose F. Santiago , pro se.

Pamela Jo Bondi , Attorney General, Tallahassee, and Katherine Coombs Cline , Assistant Attorney General, Tampa, for Appellee.


VILLANTI, Judge.

This case involves another misuse of the often misunderstood jury instruction on the forcible felony exception to self-defense. The misuse of the instruction in this case requires us to reverse the summary denial of one claim raised by Jose F. Santiago in his motion for post-conviction relief and remand for further proceedings.

Generally, a defendant is entitled to have a jury consider his or her theory of defense as long as there is any evidence...

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