FERNANDEZ v. STATE (2006)

District Court of Appeal of Florida,Third District.

Ivan FERNANDEZ, Appellant, v. The STATE of Florida, Appellee.

No. 3D05-2311.

Decided: December 20, 2006

Before COPE, C.J., and GREEN, J., and SCHWARTZ, Senior Judge.

Bennett H. Brummer, Public Defender and Robert Godfrey, Assistant Public Defender, for appellant. Charles J. Crist, Jr., Attorney General and Lucretia A. Pitts, Assistant Attorney General, for appellee.

The defendant appeals from a conviction for second degree murder on grounds that the trial court committed fundamental error in reading to the jury the forcible felony exception to the self-defense instruction.¹ Given the undisputed fact that the appellant's defense at trial was that of misidentification rather than self-defense, we find the giving of this challenged instruction to be a non-issue in this case. Accordingly, we affirm.

FOOTNOTES

1. This instruction had been given at the request of the State, but without objection by the defense.

PER CURIAM.

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