Albuguergue v. State

KLEIN, Judge.

Appellant was convicted of aggravated battery and appeals, arguing that the trial court erred in refusing to instruct the jury on justifiable use of non-deadly force. We agree and reverse for a new trial.

Appellant and the victim got into an altercation after a driving incident. Each claimed the other had improperly operated his vehicle. The victim testified that the appellant followed him into a parking lot, and after some words and physical contact, appellant struck the top of the victim’s car, which had a t-top, with an antitheft device known as the “club,” while the victim was…