Narrative Opinion Summary
Kary Burch appealed his conviction and sentence for aggravated battery, claiming that the trial court incorrectly instructed the jury regarding his duty to retreat as a co-occupant of the premises. The jury instruction given did not align with the standard established by the Florida Supreme Court in Weiand v. State, 732 So.2d 1044 (Fla. 1999). As a result, the appellate court reversed the conviction and remanded the case for a new trial, citing precedents including Barkley v. State, 750 So.2d 755 (Fla. 2d DCA 2000), and Kelly v. State, 746 So.2d 1248 (Fla. 1st DCA 1999). The decision was concurred by both Whatley, A.C.J., and Davis, J.
Legal Issues Addressed
Jury Instructions on Duty to Retreatsubscribe to see similar legal issues
Application: The appellate court found that the trial court's jury instruction on the duty to retreat for a co-occupant was incorrect, warranting a reversal of the conviction.
Reasoning: The jury instruction given did not align with the standard established by the Florida Supreme Court in Weiand v. State, 732 So.2d 1044 (Fla. 1999).
Reversal of Conviction Due to Incorrect Jury Instructionssubscribe to see similar legal issues
Application: The appellate court reversed Kary Burch’s conviction and remanded for a new trial due to erroneous jury instructions.
Reasoning: As a result, the appellate court reversed the conviction and remanded the case for a new trial, citing precedents including Barkley v. State, 750 So.2d 755 (Fla. 2d DCA 2000), and Kelly v. State, 746 So.2d 1248 (Fla. 1st DCA 1999).