From Casetext: Smarter Legal Research

Unis v. State

District Court of Appeal of Florida, Fourth District
Aug 26, 1998
717 So. 2d 581 (Fla. Dist. Ct. App. 1998)

Opinion

No. 97-2385.

Opinion filed August 26, 1998. JULY TERM 1998.

Appeal from the Circuit Court for the Seventeenth Judicial Circuit, Broward County; Joel Lazarus, Judge; L.T. No. 96-1677 CF10 A.

H. Scott Hecker of Law Office of H. Scott Hecker, P.A., Fort Lauderdale, for appellant.

Robert A. Butterworth, Attorney General, Tallahassee, and Ettie Feistmann, Assistant Attorney General, West Palm Beach, for appellee.


We affirm Appellant's conviction for aggravated battery. The trial court did not err in denying her request for a jury instruction on the "castle doctrine." The "castle doctrine" provides that where one is not the aggressor and is violently assaulted in one's home, there is no obligation to retreat, and one may use such force as reasonably appears necessary to protect oneself. See Cannon v. State, 464 So.2d 149 (Fla. 5th DCA 1985). Appellant was involved in a fight with her boyfriend's ex-girlfriend and her children, which occurred in the boyfriend's home. Appellant was a social guest, but was not a resident.

The trial court correctly refused to give a jury instruction on the "castle doctrine" where both Appellant and the victim were guests, and as such, both had an equal right to be in the home. "The `castle' doctrine is inapplicable where . . . the combatants have equal rights to occupy the `castle'." Roger v. State, 670 So.2d 160, 162 (Fla. 5th DCA 1996) (castle doctrine instruction was inapplicable where victim was living in defendant's home when murder occurred, and had equal rights to occupy the home); see also Frazier v. State, 681 So.2d 824 (Fla. 2d DCA 1996) (castle doctrine does not apply at work place where aggressor is a co-worker, as both co-workers have a lawful right to be at the work site where the altercation occurs).

Appellant's conviction is, therefore, affirmed.

STONE, C.J., FARMER and GROSS, JJ., concur.


Summaries of

Unis v. State

District Court of Appeal of Florida, Fourth District
Aug 26, 1998
717 So. 2d 581 (Fla. Dist. Ct. App. 1998)
Case details for

Unis v. State

Case Details

Full title:Hilary UNIS, Appellant, v. STATE of Florida, Appellee

Court:District Court of Appeal of Florida, Fourth District

Date published: Aug 26, 1998

Citations

717 So. 2d 581 (Fla. Dist. Ct. App. 1998)

Citing Cases

Drayton v. McDonough

See Danford v. State, 43 So.2d 593 (Fla. 1907). Under the castle doctrine, "where one is not the aggressor…