Barnes v. State, 868 So. 2d 606 (Fla. 1st DCA 2004). · Go Syfert
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Barnes v. State, 868 So. 2d 606 (Fla. 1st DCA 2004). Cases Citing This Book View Copy Cite
17 citation events (17 in the last 25 years) across 2 distinct courts.
Strongest positive: Smith v. State (fladistctapp, 2011-12-30)
Top citers, strongest first. 7 distinct citers.
discussed Cited as authority (rule) Smith v. State
Fla. Dist. Ct. App. · 2011 · confidence medium
See Giles, 831 So.2d at 1265 ; see Marshall v. State, 604 So.2d 799, 803 (Fla.1992) (holding that the section 776.041(1) jury instruction was proper on a claim of self-defense to the charge of felony murder, where the underlying felonies were burglary and aggravated battery); Davis v. State, 886 So.2d 332 (Fla. 5th DCA 2004) (on mot. for reh’g); Barnes v. State, 868 So.2d 606, 607-08 (Fla. 1st DCA 2004).
discussed Cited as authority (rule) Phillips v. State
Fla. Dist. Ct. App. · 2007 · confidence medium
Although not an exhaustive list, the following are relevant circumstances to consider: — the nature of the offense(s) charged and the defense(s) raised by the defendant, McJimsey v. State, 959 So.2d 1257 (Fla. 4th DCA 2007); Grier v. State, 928 So.2d 368, 369-70 (Fla. 3d DCA 2006), review denied, 952 So.2d 1191 (Fla.2007), and cases cited; — the issues disputed at trial and whether any factual issues, including any elements of the offense, were conceded or necessarily admitted at trial, Reed v. State, 837 So.2d 366 (Fla.2002); State v. Delva, 575 So.2d 643 (Fla.1991); Davis v. State, 804 So.…
discussed Cited as authority (rule) Barnes v. State
Fla. · 2007 · confidence medium
A jury convicted Barnes of the crime, but on appeal the First District Court of Appeal reversed and remanded for a new trial because it concluded that the jury instructions on the issue of self-defense were "confusing, misleading, and erroneous." Barnes v. State, 868 So.2d 606, 607 (Fla. 1st DCA 2004) ( Barnes I ).
cited Cited as authority (rule) Williams v. State
Fla. Dist. Ct. App. · 2006 · confidence medium
Barnes v. State, 868 So.2d 606, 607 (Fla. 1st DCA 2004).
discussed Cited as authority (rule) Martinez v. State (2×)
Fla. Dist. Ct. App. · 2006 · confidence medium
The following cases decided since Giles and Rich , listed in the order in which they were decided, all concluded that either fundamental or reversible error was committed when the instant instruction operated to negate the defendant's sole defense: Barnes v. State, 868 So.2d 606, 607-08 (Fla. 1st DCA 2004)(instruction given over defense objection not harmless error when the effect of the instruction negated the defendant's only defense); Zuniga v. State, 869 So.2d 1239, 1240 (Fla. 2d DCA 2004)(fundamental error when the only disputed issue at trial was whether Zuniga acted in self-defense); Du…
discussed Cited as authority (rule) Grier v. State
Fla. Dist. Ct. App. · 2006 · confidence medium
See Cleveland, 887 So.2d at 363 (concluding that giving the forcible felony instruction where the Defendant was charged with only a single forcible felony was error); Carter v. State, 889 So.2d 937, 939 (Fla. 5th DCA 2004) (same); Barnes 868 So.2d at 607 (same).
cited Cited as authority (rule) Davis v. State
Fla. Dist. Ct. App. · 2004 · confidence medium
Barnes v. State, 868 So.2d 606, 607 (Fla. 1st DCA 2004); Giles .
Shana Yvette BARNES, Appellant,
v.
STATE of Florida, Appellee.
1D02-2781.
District Court of Appeal of Florida, First District.
Mar 11, 2004.
868 So. 2d 606
Per Curiam.
Cited by 11 opinions  |  Published

[*607] Nancy A. Daniels, Public Defender; Glenna Joyce Reeves, Assistant Public Defender, Tallahassee, for Appellant.

Charlie Crist, Attorney General; Thomas D. Winokur, Assistant Attorney General, Tallahassee, for Appellee.

PER CURIAM.

Appellant, Shana Yvette Barnes, appeals her judgment and sentence for the crime of second-degree murder. Appellant raises five issues on appeal, only one of which has merit. We reverse appellant's seconddegree murder conviction and remand for a new trial because the jury instructions on the issue of self-defense were confusing, misleading, and erroneous.

At the charge conference, the trial court granted appellant's request for a jury instruction on self-defense and, thus, instructed the jury on self-defense. However, over appellant's objection, the trial court also gave the State's requested instruction on the forcible felony exception to self-defense. The forcible felony instruction was based on section 776.041(1), Florida Statutes (2002), which by its plain language indicates that it is only applicable under circumstances where the person claiming self-defense is engaged in another independent forcible felony at the time. Giles v. State, 831 So.2d 1263, 1265 (Fla. 4th DCA 2002) (citing Perkins v. State, 576 So.2d 1310 (Fla.1991)). The forcible felony instruction is normally given in situations where the accused is charged with at least two criminal acts, the act for which the accused is claiming self-defense and a separate forcible felony. Giles, 831 So.2d at 1265 (citing Marshall v. State, 604 So.2d 799 (Fla.1992)). The trial court's instruction on the forcible felony exception to self-defense was erroneous because appellant was only charged with one forcible felony, the alleged second-degree murder, an act she claimed was done in self-defense. See Giles, 831 So.2d at 1265. The effect of instructing the jury on the forcible felony exception to appellant's selfdefense[*608] instruction was to negate appellant's only defense. See Giles, 831 So.2d at 1265 ("The instruction given improperly told the jury that the very act Giles sought to justify itself precluded a finding of justification."); Rich v. State, 858 So.2d 1210, 1210 (Fla. 4th DCA 2003) (citing Giles).

Although the State concedes on appeal that the instruction was erroneously given, the State argues that it was harmless error. However, we cannot conclude that the error was harmless as there is a reasonable possibility that the error contributed to the conviction. See Williams v. State, 863 So.2d 1189 (Fla.2003) (citing Goodwin v. State, 751 So.2d 537 (Fla.1999); State v. DiGuilio, 491 So.2d 1129 (Fla. 1986)).

REVERSED and REMANDED for a new trial.

WEBSTER, LEWIS and HAWKES, JJ., concur.