Talley v. State

KHOUZAM, Judge.

Douglas Wayne Talley appeals his conviction and sentence for felony battery, arguing that the standard jury instructions on self defense given by the trial court constitute fundamental error. We reverse and remand for a new trial.

Talley was charged with aggravated battery (great bodily harm) and battery (domestic violence) on September 30, 2011. A jury trial was held. Talley’s only defense was that the alleged victim, John Mullen-dore, had attacked him with nondeadly force and thus Talley was justified in using nondeadly force in self defense. Mullen-dore testified that Talley…