Harris v. State
The Fourth DCA held that the trial court erred by refusing to instruct the jury on the 'forcible felony' self-defense instruction where evidence showed the defendant reasonably believed deadly force was necessary to prevent an imminent aggravated battery against himself or his girlfriend. The court found the error was not harmless, given the jury convicted only of the lesser-included manslaughter charge rather than second-degree murder, suggesting a reasonable possibility the jury might have fully acquitted had it been properly instructed on the forcible-felony theory. The court reversed the adjudication of guilt and remanded for further proceedings.
Key facts
- Defendant was charged with second-degree murder for using deadly force against a victim.
- Evidence showed the victim had made prior threats, engaged in escalating aggressive conduct, and committed an aggravated battery against a third party present at the scene.
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Why it matters
This decision clarifies that a defendant need only show evidentiary support for a forcible-felony theory of self-defense—distinct from the standard 'death or great bodily harm' self-defense instruction—to be entitled to… — full analysis with a trial
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