McJIMSEY v. State

ON REMAND FROM THE FLORIDA SUPREME COURT

In McJimsey v. State, 959 So.2d 1257 (Fla. 4th DCA 2007), we reversed for a new trial, holding that the trial court committed fundamental error when it gave an incorrect self-defense jury instruction on the justifiable use of deadly force. However, our opinion was quashed by the Florida Supreme Court and remanded for reconsideration in light of Martinez v. State, 981 So.2d 449 (Fla.2008). State v. McJimsey, 999 So.2d 1062 (Fla.2009). In Martinez, the supreme court stated that “it is error for the trial court to read the forcible felony instruction to…