Legal Opinion
Vila v. State
District Court of Appeal of Florida
Decided October 28, 2011No. 5D10-4020PublishedCited by 12 opinions
1Opinion of the CourtOrfinger, C.J.
Heriberto Vila was convicted of burglary of a conveyance and battery. He appeals only his conviction of battery, contending that he was entitled to a jury instruction regarding the justifiable use of non-deadly force. We conclude that Vila was entitled to the requested instruction, but that the failure to provide it was harmless error. As a result, we affirm the conviction and sentence.
The day before the incident, a thief stole tire rims from one of Vila’s friends. The next day the victim, an “elderly gentleman,” was driving in Vila’s neighborhood collecting usable items left curbside…
2Cases cited19 opinions
- Ashland Oil, Inc. v. PickardDistrict Court of Appeal of Florida · 1972
- Wright v. StateDistrict Court of Appeal of Florida · 1998
- Dias v. StateDistrict Court of Appeal of Florida · 2002
- Worley v. StateDistrict Court of Appeal of Florida · 2003
- Taylor v. StateDistrict Court of Appeal of Florida · 1982
14 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- Antoine v. StateDistrict Court of Appeal of Florida · 2014
- Spurgeon v. StateDistrict Court of Appeal of Florida · 2013
- RENE ST. PIERRE v. STATE OF FLORIDADistrict Court of Appeal of Florida · 2017
- Mann v. StateDistrict Court of Appeal of Florida · 2014
- CARLOS LORENZO GONZALEZ v. STATE OF FLORIDADistrict Court of Appeal of Florida · 2024
7 more not listed; retrieve them via the Exa API.