Timothy Donald Helton v. State of Florida

ON REMAND FROM THE FLORIDA SUPREME COURT

We originally reversed Helton’s conviction for aggravated battery and remanded for a new trial based on this court’s decision in Floyd v. State, 151 So.3d 452 (Fla. 1st DCA 2014). However, the Florida Supreme Court quashed our original opinion in this case and remanded for reconsideration upon application of its decision in State v. Floyd, 186 So.3d 1013 (Fla. 2016). Based on that decision, we reject Helton’s argument that the jury instructions regarding the duty to retreat were fundamentally erroneous.

However, we agree that Helton’s conviction for…