Ortiz v. State
The Sixth DCA reversed a battery conviction after the trial court conditioned giving a self-defense jury instruction on defense counsel affirmatively conceding to the jury that the defendant committed a battery. The court held that a defendant is entitled to a self-defense instruction whenever any evidence supports it, and may argue inconsistent defense theories (like failure of proof on one count) so long as those theories do not necessarily disprove self-defense on the other count; requiring an affirmative concession of guilt as a precondition improperly shifted the State's burden of proof.
Key facts
- Defendant Ortiz was charged with battery and proceeded to trial in the trial court.
- The trial court conditioned giving a self-defense jury instruction on the requirement that defense counsel affirmatively concede to the jury that the defendant committed a battery.
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Why it matters
This opinion provides a clear, citable rule against a trial-court practice—conditioning a self-defense instruction on a forced concession of guilt—that improperly shifts the burden of proof and coerces defense strategy… — full analysis with a trial
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