VILA v. STATE

No. 5D10-4020.

74 So.3d 1110 (2011)

Heriberto VILA, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fifth District.

Rehearing Denied November 22, 2011.


Attorney(s) appearing for the Case

James S. Purdy , Public Defender, and David S. Morgan , Assistant Public Defender, Daytona Beach, for Appellant.

Pamela Jo Bondi , Attorney General, Tallahassee, and Robin A. Compton , Assistant Attorney General, Daytona Beach, for Appellee.


ORFINGER, C.J.

Heriberto Vila was convicted of burglary of a conveyance and battery. He appeals only his conviction of battery, contending that he was entitled to a jury instruction regarding the justifiable use of non-deadly force. We conclude that Vila was entitled to the requested instruction, but that the failure to provide it was harmless error. As a result, we affirm the conviction and sentence.

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