Legal Opinion

V.M. v. State

District Court of Appeal of Florida

Decided February 16, 2000No. 4D99-2311PublishedCited by 6 opinions

1Opinion of the CourtStevenson, J.

Appellant V.M. challenges an order withholding adjudication of delinquency but finding him guilty of felony battery pursuant to section 784.041, Florida Statutes (1999), for hitting his teacher during a fight with another student. We reverse because the State failed to introduce any evidence to rebut V.M.’s claim of self-defense.

V.M. and another male student were fighting when their teacher entered the classroom. The teacher testified at trial that she was unable to determine who had initiated the fight, but when she tried to intercede, “I guess [V.M.] went to hit [the other student], who was…

2Cases cited3 opinions

  1. D.J. v. StateDistrict Court of Appeal of Florida · 1995
  2. Thompson v. StateDistrict Court of Appeal of Florida · 1989
  3. Battles v. StateDistrict Court of Appeal of Florida · 1986

3Cited by6 opinions

  1. WEP, JR. v. StateDistrict Court of Appeal of Florida · 2001
  2. Nelson v. StateDistrict Court of Appeal of Florida · 2003
  3. Sagner v. StateDistrict Court of Appeal of Florida · 2001
  4. Carter v. StateCourt of Criminal Appeals of Alabama · 2000
  5. State v. WilliamsDistrict Court of Appeal of Florida · 2013

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