TALLEY v. STATE

No. 2D12-869.

106 So.3d 1015 (2013)

Douglas Wayne TALLEY, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Second District.

February 22, 2013.


Attorney(s) appearing for the Case

Howard L. Dimmig, II , Public Defender, and Richard J. Sanders , Assistant Public Defender, Bartow, for Appellant.

Pamela Jo Bondi , Attorney General, Tallahassee, and John M. Klawikofsky , Assistant Attorney General, Tampa, for Appellee.


KHOUZAM, Judge.

Douglas Wayne Talley appeals his conviction and sentence for felony battery, arguing that the standard jury instructions on self defense given by the trial court constitute fundamental error. We reverse and remand for a new trial.

Talley was charged with aggravated battery (great bodily harm) and battery (domestic violence) on September 30, 2011. A jury trial was held. Talley's only defense was that the alleged victim, John Mullendore, had...

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