Santiago v. State

VILLANTI, Judge.

This case involves another misuse of the often misunderstood jury instruction on the forcible felony exception to self-defense. The misuse of the instruction in this case requires us to reverse the summary denial of one claim raised by Jose F. Santiago in his motion for postconviction relief and remand for further proceedings.

Generally, a defendant is entitled to have a jury consider his or her theory of defense as long as there is any evidence to support that theory. See, e.g., Bryant v. State, 412 So.2d 347, 350 (Fla.1982); Upshaw v. State, 871 So.2d 1015, 1017 (Fla. 2d DCA…