Legal Opinion

Hardy v. State

District Court of Appeal of Florida

Decided May 11, 2005No. 4D03-2600PublishedCited by 4 opinions

1Opinion of the Court

901 So.2d 985 (2005)

Patrick HARDY, Appellant,

v.

STATE of Florida, Appellee.

No. 4D03-2600.

District Court of Appeal of Florida, Fourth District.

May 11, 2005.

Michael D. Gelety, Fort Lauderdale, for appellant.

Charles J. Crist, Jr., Attorney General, Tallahassee, and Mark Hamel, and Linda Harrison, Assistant Attorneys General, West Palm Beach, for appellee.

2Per curiam

We reverse defendant's conviction for aggravated battery because the trial court committed fundamental error in charging the jury with a misleading instruction on self defense. The trial court instructed that the use of force was not justified if…

3Cases cited4 opinions

  1. Reed v. StateSupreme Court of Florida · 2002
  2. Giles v. StateDistrict Court of Appeal of Florida · 2002
  3. Bryant v. StateSupreme Court of Florida · 1982
  4. Rich v. StateDistrict Court of Appeal of Florida · 2003

4Cited by4 opinions

  1. Martinez v. StateSupreme Court of Florida · 2008
  2. Bevan v. StateDistrict Court of Appeal of Florida · 2005
  3. Sutton v. StateDistrict Court of Appeal of Florida · 2006
  4. Brozey v. StateDistrict Court of Appeal of Florida · 2005

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