Martinez v. State
| Decision Date | 03 July 2007 |
| Docket Number | No. SC06-1597.,SC06-1597. |
| Citation | 959 So.2d 717 |
| Parties | MARTINEZ v. STATE. |
| Court | Florida Supreme Court |
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4 cases
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Martinez v. State
...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......
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Granberry v. State
... ... 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 ... ...
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Barnes v. State
... ... 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