From Casetext: Smarter Legal Research

Johnson v. State

District Court of Appeal of Florida, Fourth District
Apr 13, 1994
634 So. 2d 1144 (Fla. Dist. Ct. App. 1994)

Summary

reversing and remanding for a new trial because the trial court failed to give the requested instruction of self-defense, when the appellant provided circumstantial evidence from which a jury could infer that the appellant believed his conduct was reasonably necessary for his own defense

Summary of this case from Goode v. State

Opinion

No. 93-1181.

April 13, 1994.

Appeal from the Circuit Court, Martin County, Larry Schack, J.

Richard L. Jorandby, Public Defender, and Anthony Calvello, Asst. Public Defender, West Palm Beach, for appellant.

Robert A. Butterworth, Atty. Gen., Tallahassee, and Edward L. Giles, Asst. Atty. Gen., West Palm Beach, for appellee.


Appellant was convicted of battery upon two police officers. We reverse and remand for a new trial because appellant was entitled to a requested instruction on self-defense.

We reach the issue not reached in Hamilton v. State, 458 So.2d 863 (Fla. 4th DCA 1984), and conclude that a self-defense instruction is applicable to a charge of battery on a police officer, even though it is not applicable to a charge of aggravated assault. See Williams v. State, 597 So.2d 377 (Fla. 2d DCA 1992); Holley v. State, 423 So.2d 562 (Fla. 1st DCA 1982); Taylor v. State, 410 So.2d 1358 (Fla. 1st DCA), rev. denied, 418 So.2d 1281 (Fla. 1982). The question here then becomes whether such an instruction can be sufficiently supported by circumstantial evidence from which the jury might infer that appellant had the state of mind necessary for self-defense. We found no case that directly addressed this question. However, circumstantial evidence is admissible to prove other states of mind, such as intent and premeditation. Phippen v. State, 389 So.2d 991 (Fla. 1980); Coester v. State, 573 So.2d 391 (Fla. 4th DCA 1991); Cooper v. Wainwright, 308 So.2d 182 (Fla. 4th DCA), cert. dismissed, 312 So.2d 761 (Fla. 1975). Therefore, it seems logical that a jury might also reasonably infer from the circumstantial evidence presented that appellant had the state of mind necessary for a theory of self-defense, i.e., that appellant believed that his conduct was necessary to defend himself against imminent unlawful force.

In fact, since the jury found appellant guilty of battery on two police officers, they must have inferred from circumstantial evidence the intent required for that crime. Appellant did not testify to such an intent and, in fact, testified that he did not remember hitting the officers. Since the jury presumably inferred an intent to strike the police officers, it seems reasonable that they could have also inferred that appellant had the belief required for self-defense. Therefore, this issue should have gone to the jury.

Appellant had ingested several different prescription medicines and apparently had consumed about seven alcoholic drinks on the night in question. Consequently, according to his testimony, appellant could remember only bits and pieces of the incident at issue.

GLICKSTEIN, GUNTHER and STEVENSON, JJ., concur.


Summaries of

Johnson v. State

District Court of Appeal of Florida, Fourth District
Apr 13, 1994
634 So. 2d 1144 (Fla. Dist. Ct. App. 1994)

reversing and remanding for a new trial because the trial court failed to give the requested instruction of self-defense, when the appellant provided circumstantial evidence from which a jury could infer that the appellant believed his conduct was reasonably necessary for his own defense

Summary of this case from Goode v. State
Case details for

Johnson v. State

Case Details

Full title:ERIC R. JOHNSON, APPELLANT, v. STATE OF FLORIDA, APPELLEE

Court:District Court of Appeal of Florida, Fourth District

Date published: Apr 13, 1994

Citations

634 So. 2d 1144 (Fla. Dist. Ct. App. 1994)

Citing Cases

Gonzalez v. State

"[I]f a jury can reasonably infer from circumstantial evidence presented at trial that the defendant had the…

Wright v. State

The trial court denied his request, reasoning that Wright failed to affirmatively show self-defense. On…