Martinez v. State

Decision Date03 July 2007
Docket NumberNo. SC06-1597.,SC06-1597.
Citation959 So.2d 717
PartiesMARTINEZ v. STATE.
CourtFlorida Supreme Court

Appeal from the 3rd DCA 929 So.2d 1070.

Decision without published opinion. Rev. granted.

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4 cases
  • Martinez v. State
    • United States
    • Florida Supreme Court
    • 21 Febrero 2008
    ...forcible-felony instruction when the defendant has committed only one forcible act constitutes fundamental error. See Martinez v. State, 959 So.2d 717 (Fla.2007) (table).2 ANALYSIS Whether the Forcible-Felony Instruction Requires an Independent Forcible Initially, the State asserts that the......
  • Granberry v. State
    • United States
    • Florida District Court of Appeals
    • 2 Noviembre 2007
    ... ... 967 So.2d 1046 ... negates the defense. See, e.g., McJimsey v. State, 959 So.2d 1257 (Fla. 4th DCA 2007); Martinez v. State, 933 So.2d 1155 (Fla. 3d DCA 2006), review granted, 959 So.2d 717 (Fla.2007); Estevez v. Crosby, 858 So.2d 376, 377 (Fla. 4th DCA 2003). Certainly an instruction that nullifies a defendant's sole defense must affect the fairness of the proceeding. See Cardenas v. State, 867 So.2d 384 ... ...
  • Barnes v. State
    • United States
    • Florida District Court of Appeals
    • 23 Enero 2008
    ... ... This instruction may only be given in circumstances where the person claiming self-defense was engaged in another independent forcible felony at the time. See Martinez v. State, 933 So.2d 1155 (Fla. 3d DCA 2006), review granted, 959 So.2d 717 (Fla.2007); Grier v. State, 928 So.2d 368 (Fla. 3d DCA 2006), review denied, 952 So.2d 1191 (Fla.2007). "To instruct the jury that the accused was not entitled to use force if he was attempting to commit, committing, or ... ...
  • State v. Kettell
    • United States
    • Florida Supreme Court
    • 3 Julio 2007

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