05-2311 FERNANDEZ V. STATE

State: Florida

Court: Florida Third District Court

Docket No: 05-2311 FERNANDEZ V. STATE

Case Date: 12/20/2006

Preview:NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING MOTION AND, IF FILED, DISPOSED OF.

IN THE DISTRICT COURT OF APPEAL OF FLORIDA THIRD DISTRICT JULY TERM, A.D. 2006

IVAN FERNANDEZ, Appellant, vs. THE STATE OF FLORIDA, Appellee.

** ** ** ** ** ** LOWER TRIBUNAL NO. 03-19157 CASE NO. 3D05-2311

Opinion filed December 20, 2006. An Appeal from the Circuit Court for Miami-Dade County, Peter Adrien, Judge. Bennett H. Brummer, Public Defender Assistant Public Defender, for appellant. and Robert Godfrey,

Charles J. Crist, Jr., Attorney General and Lucretia A. Pitts, Assistant Attorney General, for appellee.

Before COPE, C.J., and GREEN, J., and SCHWARTZ, Senior Judge. PER CURIAM. The defendant appeals from a conviction for second degree murder on grounds that the trial court committed fundamental

error in reading to the jury the forcible felony exception to the self-defense instruction. 1 Given the undisputed fact that

the appellant's defense at trial was that of misidentification rather than self-defense, we find the giving of this challenged instruction to be a non-issue in this case. affirm. Accordingly, we

1

This instruction had been given at the request of the State, but without objection by the defense. 2

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