Smith v. State

933 So.2d 1275 (2006)

Samie Sims SMITH, Appellant,

v.

STATE of Florida, Appellee.

No. 2D05-2058.

District Court of Appeal of Florida, Second District.

July 28, 2006.

James Marion Moorman, Public Defender, and Cynthia J. Dodge, Assistant Public Defender, Bartow, for Appellant.

Charles J. Crist, Jr., Attorney General, Tallahassee, and C. Suzanne Bechard, Assistant Attorney General, Tampa, for Appellee.

ALTENBERND, Judge.

Samie Sims Smith appeals his judgment and sentence for aggravated battery. Because the jury instruction on self-defense constituted fundamental error under established case law, we…