Hanks v. State

WILLIAMS, CHARLES E, Associate Judge.

Cleveland Hanks raises several issues in this appeal of his conviction of aggravated battery. We find merit in his argument that the trial court abused its discretion in instructing the jury on the principals theory, and we reverse and remand for a new trial.

A trial court abuses its broad discretion in instructing the jury when it *918gives an instruction that is not supported by the facts of the case. See Masaka v. State, 4 So.3d 1274 (Fla. 2d DCA 2009).

[G]iving the principals instruction is error when there is no evidence that the defendant had a conscious…