Frazier v. State, 95-01270

Decision Date11 October 1996
Docket NumberNo. 95-01270,95-01270
Citation681 So.2d 824
Parties21 Fla. L. Weekly D2215 William Franklin FRAZIER, Appellant, v. STATE of Florida, Appellee.
CourtFlorida District Court of Appeals

Steve Pincket, Lakeland, for Appellant.

Robert A. Butterworth, Attorney General, Tallahassee, and Angela D. McCravy, Assistant Attorney General, Tampa, for Appellee.

FULMER, Judge.

The question we address in this appeal is whether the castle doctrine applies at the workplace when the aggressor is a co-worker. We hold that it does not and affirm the trial court's denial of a jury instruction to the contrary.

William Frazier was charged with stabbing a co-worker with the intent to kill that person. At trial, Frazier claimed that he was acting in self-defense and requested a special jury instruction that he was justified in using deadly force to protect himself at his place of work. The trial court denied the requested instruction.

The jury instruction requested by Frazier is a variation of the castle doctrine which provides that a person may use deadly force to protect himself or herself in his or her home or "castle." Danford v. State, 53 Fla. 4, 13-15, 43 So. 593, 596-598 (1907). The general rule is that a person attacked is not justified in using deadly force if, without increasing the danger, he can avoid the difficulty by retreating. Id. Thus, the castle doctrine is an exception to the general duty to retreat.

In this case, Frazier sought to apply the castle doctrine to the workplace when assaulted by a co-worker. We agree with the prevailing view that the doctrine extends to protect persons in their place of employment while they are lawfully engaged in their occupation. See Redondo v. State, 380 So.2d 1107 (Fla. 3d DCA 1980); State v. Smith, 376 So.2d 261 (Fla. 3d DCA 1979); Jeffrey F. Ghent, Annotation, Homicide: Duty to Retreat as Condition of Self-Defense When One is Attacked at His Office or Place of Business or Employment, 41 A.L.R.3d 584, 587 (1972). However, the question raised in this appeal is whether the castle doctrine applies at the place of employment when the aggressor is a co-worker. No Florida case has addressed this issue. Out-of-state cases that address this question are fairly evenly divided. Ghent, supra at 588.

In State v. Bobbitt, 415 So.2d 724 (Fla.1982), the supreme court addressed the question of whether the castle doctrine applies where the victim and assailant are occupants of the same home and held that it did not...

To continue reading

Request your trial
4 cases
  • In re Standard Jury Instructions in Criminal Cases—Report 2019-01
    • United States
    • Florida Supreme Court
    • 19 Diciembre 2019
    ...while lawfully engaged in his occupation), quashed in part on other grounds , 403 So. 2d 954 (Fla. 1981) ; Frazier v. State , 681 So. 2d 824, 825 (Fla. 2nd DCA 1996) (agreeing with the Third District Court of Appeal that the "castle doctrine" applies to the workplace, citing Redondo ), as s......
  • In re Standard Jury Instructions in Criminal Cases—report 2017-07
    • United States
    • Florida Supreme Court
    • 21 Noviembre 2018
    ...with a certain privacy protection ...."), quashed in part on other grounds , 403 So.2d 954 (Fla. 1981) ; see Frazier v. State , 681 So.2d 824, 825 (Fla. 2nd DCA 1996) (agreeing with the Third District Court of Appeal that the "castle doctrine" "extends to protect persons in their place of e......
  • State v. James
    • United States
    • Florida District Court of Appeals
    • 17 Diciembre 2003
    ...1979)(holding manager of store not obligated to retreat when attacked in or immediately adjacent to store). But see Frazier v. State, 681 So.2d 824, 825 (Fla. 2d DCA 1996)(agreeing that castle doctrine protects a worker in the workplace but making an exception where the aggressor was a co-w......
  • Walker v. State, 94-03091
    • United States
    • Florida District Court of Appeals
    • 11 Octubre 1996

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT