Fratcher v. State

Defendant was convicted of three counts of battery on a law enforcement officer, resisting officers with violence, and retail theft of a pair of sunglasses. We reverse for a new trial because of the harm caused by the three following errors.

First, over defense objection the trial court instructed the jury on flight. This was error under Fenelon v. State, 594 So.2d 292 (Fla.1992), where our supreme court disapproved of this practice. Defendant is entitled to the benefit of Fenelon because his appeal was pending when it was decided. See Smith v. State, 598 So.2d 1063 (Fla.1992) (any decision of…