Peterson v. State
Peterson appealed the summary denial of his 3.850 motion, arguing trial counsel was ineffective for failing to object to a forcible-felony jury instruction that negated his self-defense claim as to multiple charges. The Fifth DCA agreed, holding that where a defendant claims self-defense to all charged offenses, there is no independent forcible felony to support the instruction, and reversed for an evidentiary hearing on that ground while affirming denial of the remaining claims.
Key facts
- Peterson appealed the summary denial of his Rule 3.850 motion claiming ineffective assistance of trial counsel.
- At trial, Peterson was charged with multiple offenses and raised a self-defense claim to all charges, but the court instructed the jury on the forcible-felony exception to self-defense.
- +2 more key facts with a free trial
Why it matters
This opinion reaffirms and aligns the Fifth DCA with the Second, Fourth, and First Districts' consistent rule that the forcible-felony self-defense exception cannot be given when self-defense is claimed to every charged… — full analysis with a trial
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