5D04-2220 Marcos Castillo v. State

State: Florida

Court: Florida Fifth District Court

Docket No: 5D04-2220

Case Date: 03/28/2005

Preview:IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FIFTH DISTRICT JANUARY TERM 2005

MARCOS CASTILLO, Appellant, v. STATE OF FLORID A, Appellee. _______________________________/ Opinion filed April 1, 2005 Appeal from the Circuit Court for Orange County, Thomas B. Smith, Judge. James S. Purdy, Public Defender, and Susan A. Fagan, Assistant Public Defender, Daytona Beach, for Appellant. Charles J. Crist, Jr., Attorney General, Tallahassee, and Rebecca Rock McGuigan, Assistant Attorney General, Daytona Beach, for Appellee. Case No. 5D04-2220

PER CURIAM. Appellant was charged with resisting arrest and battery on a law enforcement officer arising from a single episode. He claimed self-defense but objected when the court instructed the jury on the "forcible felony" exception to his self-defense claim. The court overruled his objection. In so doing, the court erred and a new trial is required. Carter v. State, 889 So. 2d 937 (Fla. 5th DCA 2004); see also Jackson v. State , 463

So. 2d 372 (Fla. 5th DCA 1985) (self defense available defense in regard to charge of battery and resisting arrest arising out of single incident). REVERSED and REMANDED. PETERSON, MONACO and TORPY, JJ., concur.

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