Daniels v. State
The Second DCA reversed an aggravated battery conviction where the trial court erroneously instructed the jury on the forcible-felony exception to self-defense despite Daniels being charged with only one criminal act (the same act he claimed was self-defense). The court held that defense counsel's repeated 'Yes, Your Honor' and 'No, Your Honor' responses during the charge conference constituted mere acquiescence, not affirmative agreement, so the fundamental error doctrine was not waived, and the erroneous instruction constituted fundamental error because it negated Daniels' primary defense.
Key facts
- Daniels was charged with aggravated battery; he claimed the force used was justified as self-defense.
- The trial court instructed the jury on the forcible-felony exception to self-defense even though Daniels was charged with only one criminal act—the same act he claimed was self-defense.
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Why it matters
This opinion provides a useful, fact-specific illustration of the line between 'mere acquiescence' and 'affirmative agreement' to jury instructions under Lowe and Allen, which is a frequently litigated preservation… — full analysis with a trial
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