Espichan v. State
The Sixth DCA reversed a second-degree murder conviction because the trial court refused to instruct the jury that aggravated assault was one of the forcible felonies justifying the use of deadly force in self-defense, despite a defense witness's testimony that the victim appeared to be reaching for a gun. The court held that even 'slight' or 'flimsy' evidence supporting a theory of defense entitles a defendant to have that theory included in the jury instruction, and the error was not harmless because it went to the heart of the defendant's sole defense of self-defense.
Key facts
- Espichan was convicted of second-degree murder in the trial court.
- A defense witness testified that the victim appeared to be reaching for or holding a gun in his waistband at the time of the incident.
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Why it matters
This decision reinforces and applies the well-established 'any evidence, however slight' standard for entitlement to jury instructions on theories of defense, specifically in the context of choosing which forcible… — full analysis with a trial
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