WILLIAMS v. STATE

No. 2D10-1301.

65 So.3d 1209 (2011)

Charles Herman WILLIAMS, Jr., Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Second District.

August 3, 2011.


Attorney(s) appearing for the Case

James Marion Moorman , Public Defender, and Cynthia J. Dodge , Assistant Public Defender, Bartow, for Appellant.

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


DAVIS, Judge.

Charles Herman Williams, Jr., challenges his conviction and five-year sentence for one count of felony battery, a lesser-included offense of the charge of aggravated battery. Because the trial court failed to instruct the jury on the justifiable use of nondeadly force as requested and because this error was not harmless, we reverse Williams' judgment and sentence and remand for new trial.

It is undisputed that an altercation occurred between...

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