Legal Opinion

Leschka v. State

District Court of Appeal of Florida

Decided April 4, 1997No. 95-02006Published

1Per curiam

In this appeal from convictions and sentences for aggravated battery and false imprisonment, the appellant claims reversible error occurred when the trial court failed to give a requested instruction on his defense of voluntary intoxication impairing his ability to form the element of specific intent for the crime of aggravated battery. We agree that there was error and that it was not harmless. Accordingly, we reverse for a new trial of the charge of aggravated battery.

The appellant, an Austrian national, met the victim in this ease, an Irish national, while both were tourists in Clearwater…

2Cases cited8 opinions

  1. State v. DiGuilioSupreme Court of Florida · 1986
  2. Tibbs v. StateSupreme Court of Florida · 1981
  3. Linehan v. StateSupreme Court of Florida · 1985
  4. Gardner v. StateSupreme Court of Florida · 1985
  5. Bryant v. StateSupreme Court of Florida · 1982

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