Barnes v. State

ON REMAND

On remand from the Florida Supreme Court, we have vacated and withdrawn our previously issued mandate in light of Martinez v. State, 981 So.2d 449 (FIa,2008), which addressed the forcible felony exception to self-defense. In relevant part, the forcible felony exception provides that a defendant may not avail himself of the defense of self-defense if he is engaged in attempting, committing, or escaping after the commission of a forcible felony. § 776.041(1), Fla. Stat. (1999). Trial courts have undoubtedly encountered difficulty in applying and instructing on this exception.

Martinez,…