Shells v. State

GUNTHER, Judge.

Willie Shells (Shells) appeals from his judgment and sentence for battery on a law enforcement officer. On appeal, Shells asserts for the first time that the trial court should have sua sponte given a jury instruction on self-defense and that the failure to do so constituted fundamental error. We disagree and affirm.

At trial, defense counsel’s only theory of defense was that conflicts in the testimony would lead to a reasonable doubt of the defendant’s guilt. Shells’ defense attorney did not argue self-defense, did not request a self-defense instruction, and did not object to…