Legal Opinion · Concurrence

Ford v. State

District Court of Appeal of Florida

Decided September 3, 2015No. 1D13-6091Published

1ConcurrenceLewis, J.

I fully concur with reversing Appellant’s judgment and sentence for second-degree murder and remanding for a new trial on the basis that the trial court reversibly erred by failing to instruct the jury on Appellant’s theory of self-defense based on *1004section 776.012(1), Florida Statutes (2012),1 notwithstanding the fact that he was a convicted felon in unlawful possession of a firearm at the time of the deadly shooting. See McGriff v. State, 160 So.3d 167, 168-69 (Fla. 1st DCA 2015) (holding that the trial court abused its discretion by instructing the jury that “ ‘if [Appellant] was engaged in…

2Cases cited5 opinions

  1. Garrett v. StateDistrict Court of Appeal of Florida · 2014
  2. Harvey M. Hill v. StateDistrict Court of Appeal of Florida · 2014
  3. James Wyatt McGriff v. State of FloridaDistrict Court of Appeal of Florida · 2015
  4. Miles v. StateDistrict Court of Appeal of Florida · 2015
  5. Roberts v. StateDistrict Court of Appeal of Florida · 2015

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