Falwell v. State

John Falwell appeals his conviction of aggravated battery. Falwell argues that the trial court erred in denying his motion for statutory immunity from prosecution under sections 776.032, 776.012 and 776.013, Florida Statutes (2010), the justifiable use of force and “stand your ground” statutes, and that the self-defense jury instruction was fundamentally erroneous. Although we affirm, the jury instruction issue merits discussion.

Without an objection from Falwell, the trial court instructed the jury:

An issue in this case is whether the defendant acted in self-defense. It is a defense to the…