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Prison Assault Conviction Reversed Due to Faulty Jury Instruction

Florida's Second District Court of Appeals has reversed a prisoner's
conviction for battery by a person detained in a prison or jail facility.
After his conviction from events that occurred at the Charlotte
Correctional Institution, prisoner Jeffrey Humbert appealed.

At trial, Humbert testified he struck another prisoner in self defense,
reasonably believing the other prisoner was about to attack him. The jury
instructions advised the jury that if they found Humbert was engaged in a
forcible felony, he was not entitled to self-defense.

The Second District held that instruction was fundamental error because it
only applies when the defendant is committing more than one single act.
When the defendant commits a single act and claims self-defense, the
instruction negates the defense. That is reversible error. Humbert's case
was remanded for a new trial. See: Humbert v. Florida, 922 So. 2d 997
(Fla. 2nd DCA 2005).

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Related legal case

Humbert v. Florida

JEFFREY HUMBERT, Appellant, v. STATE OF FLORIDA, Appellee.



Case No. 2D03-3738



COURT OF APPEAL OF FLORIDA, SECOND DISTRICT



922 So. 2d 997; 2005 Fla. App. ; 31 Fla. L. Weekly D 99



December 28, 2005, Opinion Filed



PRIOR HISTORY: [**1] Appeal from the Circuit Court for Charlotte County; William L. Blackwell, Senior Judge.



DISPOSITION: Reversed and remanded for a new trial.




COUNSEL: James Marion Moorman, Public Defender, and John C. Fisher, Assistant Public Defender, Bartow, for Appellant.



Charles J. Crist, Jr., Attorney General, Tallahassee, and Timothy A. Freeland, Assistant Attorney General, Tampa, for Appellee.



JUDGES: SALCINES, Judge. CASANUEVA and VILLANTI, JJ., Concur.



OPINIONBY: SALCINES



OPINION: [*997] SALCINES, Judge.

Jeffrey Humbert appeals his conviction for battery by person detained in a prison or jail facility (on another detainee) and the prison releasee reoffender (PRR) sentence imposed thereon. n1 We reverse the [*998] conviction and sentence and remand for a new trial. n2



n1 Humbert argues that the PRR sentence was improper because the jury did not make a separate finding that he had been released from prison within three years of committing his offense. In light of this court's determination that Humbert's conviction must be reversed and the case remanded for a new trial, the sentence imposed thereon must also be reversed. Our reversal renders moot the issue Humbert raises in regard to the PRR sentence imposed.

[**2]





n2 Trial court case number 02-001320CF.



At trial, Humbert testified he struck another inmate in self-defense, reasonably believing the other inmate was about to attack him. At the close of Humbert's case, the jury was given an instruction on the forcible felony exception to self-defense. This court has held that when a defendant commits a single act and claims self-defense, as is the case here, the giving of this instruction constitutes fundamental error since it essentially negates the defense. See Velazquez v. State, 884 So. 2d 377 (Fla. 2d DCA 2004); Bates v. State, 883 So. 2d 907 (Fla. 2d DCA 2004); Zuniga v. State, 869 So. 2d 1239 (Fla. 2d DCA 2004). Accordingly, we reverse Humbert's conviction and sentence and remand for a new trial.

Reversed and remanded for a new trial.



CASANUEVA and VILLANTI, JJ., Concur.