Legal Opinion

FRED HARRISON v. STATE OF FLORIDA

District Court of Appeal of Florida

Decided October 25, 2017No. 4D16-2422PublishedCited by 1 opinion

1Per curiam

The defendant appeals his convictions on two counts of burglary of a dwelling with an assault or battery, and one count of sexual battery on a person twelve years of age or older. He raises multiple issues on appeal and we affirm, with one exception. He argues the court erred in failing to instruct the jury on his affirmative defense of consent to enter the residence, a defense included in the standard jury instruction for burglary. See Fla. Std. Jury Instr. (Crim.) 13.1 (2016). Generally, “[tjhe lack of a jury instruction on an affirmative defense only amounts to fundamental error when ⅛…

2Cases cited2 opinions

  1. Woods v. StateDistrict Court of Appeal of Florida · 2012
  2. Faulk v. StateDistrict Court of Appeal of Florida · 2017

3Cited by1 opinion

  1. In Re: Standard Jury Instructions in Criminal Cases-Report 2018-05.Supreme Court of Florida · 2018

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