Wendell Sherman Calkins v. State of Florida

The defendant appeals his conviction of felony battery. He argues the court erred in: (1) failing to instruct the jury on self-defense, (2) sustaining a relevancy objection on whether the victim had permission to drive the truck, and (3) finding no discovery violation by the State. We agree on the first issue and reverse for a new trial.

The State charged the defendant with aggravated battery. The charges arose from an altercation between the defendant and the victim, his nephew, which occurred when the defendant, the victim, and the truck owner were driving home. The victim testified that he…