K.L.T. v. State

I respectfully dissent. I perceive the test not to be whether the defense of self defense was negated by the State’s evidence during its case in chief, but rather whether the State’s evidence demonstrated as a matter of law that appellant acted in self defense. See State v. Henderson, 521 So.2d 1113 (Fla.1988). Since I find that the State’s case did not prove self defense, I think the issue of whether the defense was negated beyond a reasonable doubt was properly determined by the fact finder.

To determine if the State’s case established self defense, we must consider only that evidence…