Legal Opinion

Gaffney v. State

District Court of Appeal of Florida

Decided August 13, 1999No. 98-04079PublishedCited by 1 opinion

1Opinion of the Court

CAMPBELL, Acting Chief Judge.

Appellant, Todd Michael Gaffney, raises two issues in challenging his judgment and sentence for aggravated battery. We affirm.

The two issues raised by Appellant are:

I. Whether the trial court erred in denying Appellant’s request for the standard jury instruction on self-defense in the use of nondeadly force?

II. Whether the trial court erred in instructing the jury that Appellant had a duty to retreat?

We find that the record discloses that Appellant’s counsel specifically agreed to the instruction he now complains of in his second issue and we will address that…

2Cases cited3 opinions

  1. Bolin v. StateDistrict Court of Appeal of Florida · 1974
  2. Smiley v. StateDistrict Court of Appeal of Florida · 1981
  3. Nunez v. StateDistrict Court of Appeal of Florida · 1989

3Cited by1 opinion

  1. Phillips v. StateDistrict Court of Appeal of Florida · 2004

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