The 2023 Florida Statutes (including Special Session C)
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. . . See § 776.041 (2), Fla. Stat. (2014) ; State v. . . .
. . . Section 776.041, however, provides an exception to the justifiable use of force in defense of person . . . [i]s attempting to commit, committing, or escaping after the commission of, a forcible felony." § 776.041 . . . Relying on the plain language of section 776.041, Defendant argues that the forcible-felony instruction . . . The State nonetheless argues that because section 776.041 provides that the forcible-felony exception . . . Any reading of section 776.041 to the contrary would add an exclusion to the statute that the Legislature . . .
. . . Also, the italicized note to trial judges citing section 776.041(1) is expanded to explain that the forcible . . . Aggressor. § 776.041(1), Fla. Stat. . . . Aggressor. § 776.041(2), Fla. Stat. Give if applicable. Gibbs v. . . . Aggressor. § 776.041(1), Fla. Stat. . . . Aggressor. § 776.041(2), Fla. Stat. Give if applicable. Gibbs v. . . .
. . . . § 776.041(1). . . . State, 831 So.2d 1263, 1265 (Fla. 4th DCA 2002) (explaining that the plain language of § 776.041(1) “ . . .
. . . The instruction at issue is based on Florida Statute § 776.041(1) (2002), which provides: The [self-defense . . . Stat. § 776.041); see also Fla. Std. Jury Instr. (Crim.) 3.6(f). . . . “Essentially, the jury was instructed that [Section] 776.041(1) would apply to preclude a self-defense . . .
. . . Further, in both section 776.041(2)(a), Florida Statutes (2010), and the standard jury instructions, . . .
. . . .” § 776.041(1). Burglary is a foreible felony. § 776.08. . . . We conclude that section 776.041(1)—providing that self-defense as defined in section 776.012 is unavailable . . .
. . . The forcible felony instruction is based on section 776.041(1), Florida Statutes (2015), and instructs . . .
. . . However, section 776.041, “Use of force by aggressor,” provides an exception to the above discussed defenses . . . withdraw and terminate the use of force, but the assailant continues or resumes the use of force, § 776.041 . . . against himself or herself, unless ... he or she has exhausted every reasonable means to escape.... ” § 776.041 . . .
. . . standard jury instruction 3.6(f), which incorporates, in relevant part, sections 776.012, 776.013, and 776.041 . . . Section 776.041 is titled “Use of force by aggressor,” and it is the limiting statute when deadly force . . . Section 776.041 explains that the protections provided in the preceding sections are not available to . . . withdraw and terminate the use of force, but the assailant continues or resumes the use of force. § 776.041 . . . See § 776.041. . . . there is no duty to retreat (sections 776.012 and 776.013), and use of force by an aggressor (section 776.041 . . .
. . . Further, section 776.041, titled “Use of force by aggressor,” states the “justification described in . . . physical contact with the assailant” and “indicates clearly ... that he or she desires to withdraw.” § 776.041 . . . Here, instructions reflecting sections 776.012(1), 776.013(3), and 776.041(2) were read to the jury. . . .
. . . and has the right to stand his or her ground and meet force with force, including deadly force-”); § 776.041 . . .
. . . The confusing instructions are derived from sections 776.013(3), Florida Statutes (2012), and 776.041 . . . not available to a person who: Initially provokes the use of force against himself or herself,.... § 776.041 . . .
. . . The instruction on the forcible-felony exception is derived from section 776.041, Florida Statutes (2010 . . . ]s attempting to commit, committing, or escaping after the commission of, a forcible felony ....” § 776.041 . . .
. . . Compare § 776.041(2)(a), Fla. Stat. with §§ 776.012, 776.013(3), Fla. Stat. . . . .
. . . District Court of Appeal thoroughly explained: The forcible felony defense instruction is based on section 776.041 . . . In fact, as is apparent from Giles, prior Florida Supreme Court decisions had indicated section 776.041 . . . Florida Supreme Court decisions never construed the forcible felony defense instruction based on section 776.041 . . .
. . . . § 776.041, Fla. Stat. (2011); Fla. Std. Jury Instr. (Crim.) 3.6(f) (2011). . . . Although section 776.041(1) disallows self defense to a person “attempting to commit, committing, or . . . See § 776.041, Fla. Stat. (2011); Santiago, 88 So.3d at 1022. . . . .
. . . The instruction was based on section 776.041, Florida Statutes (2002), which provides in pertinent part . . . ) Is attempting to commit, committing, or escaping after the commission of, a forcible felony.... § 776.041 . . .
. . . explained in the court’s, opinion, it appears very likely that the instruction given under section 776.041 . . . Section 776.041 does not explain the policy underlying this confusing statute. . . . Santiago, then it might be that section 776.041 would prevent a claim of self-defense as to the charges . . . But section 776.041 would not seem to prevent a claim of self-defense, at a minimum, for the first homicide . . . The forcible felony exception—section 776.041(1), Florida Statutes (2000)—provides that self-defense . . .
. . . State, 604 So.2d 799, 803 (Fla.1992); § 776.041, Fla. Stat. (1989). . . .
. . . . § 776.041(2), Fla. Stat. (2007). . . .
. . . .] § 776.041(1), Fla. Stat. (2009). . . . aggravated battery, see section 776.08, Florida Statutes (2002) and (2009), “the plain language of section 776.041 . . . Thus, it clearly was error under section 776.041(1) in Giles’ and Appellant’s trials to give the challenged . . . State, 604 So.2d 799, 803 (Fla.1992) (holding that the section 776.041(1) jury instruction was proper . . . Essentially, the jury was instructed that 776.041(1) would apply to preclude a self-defense claim, when . . .
. . . The defendant shall be present at the new sentencing. .Under section 776.041(1), Florida Statutes (1987 . . .
. . . commission of, a forcible felony; or (2) Initially provokes the use of force against himself or herself, § 776.041 . . . determination as to whether the defendant surrendered his right to self-defense pursuant to section 776.041 . . .
. . . was fundamental error for a trial court to issue an erroneous jury instruction incorporating section 776.041 . . . However, the applicability of section 776.041(2) does not follow the same condition as section 776.041 . . . there is no requirement for a contemporaneous independent forcible felony in the giving of the section 776.041 . . . Specifically, section 776.041 “[s]ubsection (2) precludes the initial aggressor from asserting self-defense . . . See § 776.041(2), Fla. Stat. (2010); see also Martinez, 981 So.2d at 452. . . .
. . . .” § 776.041, Fla. Stat. (2009). . . .
. . . In some instances, the instructions applicable to §§ 776.012, 776.031, or 776.041, Fla. . . . Aggressor. § 776.041, Fla. Stat. . . . In some instances, the instructions applicable to §§ 776.012, 776.031, or 776.041, Fla. . . .
. . . . § 776.041(1), Fla. Stat. (1999). . . .
. . . This self-defense instruction derives from section 776.041(1), and we explained in Rich v. . . .
. . . The forcible felony defense instruction is based on section 776.041(1), Florida Statutes (2000), which . . . In fact, as is apparent from Giles, prior Florida Supreme Court decisions had indicated section 776.041 . . .
. . . . § 776.041(1), Fla. Stat. (2007). . . . . § 776.041(2). Prior to the Florida supreme court decision in Martinez v. . . . See § 776.041(1), Fla. . . .
. . . . § 776.041, Fla. Stat. . . .
. . . Id. at 1157 (emphasis supplied); see § 776.041(1), Fla. Stat. (2006). . . . Section 776.041 of the Florida Statutes, “Use of Force by Aggressor,” provides that a claim of self-defense . . . withdraw and terminate the use of force, but the assailant continues or resumes the use of force. § 776.041 . . . “[i]s attempting to commit, committing, or escaping after the commission of, a forcible felony.” § 776.041 . . . Indeed, under the State’s interpretation of section 776.041(1), in any case in which a defendant alleges . . .
. . . instruction, based on Florida Standard Jury Instruction (Criminal) 3.6(f), is predicated on subsection 776.041 . . .
. . . Its statutory point of origin is section 776.041, Florida Statutes (2003). . . .
. . . The erroneous jury instruction Sipple complains about emanates from a legislative enactment, section 776.041 . . .
. . . Section 776.041(1), Florida Statutes, provides that the justification of self-defense or defense of others . . . felony (in this case, committing premeditated murder), when the victim pulled the gun, I read section 776.041 . . . felony exception is supposed to negate the defense of self-defense — that’s the reason for section 776.041 . . . whether the trial court erred in giving the forcible felony exclusionary charge described in section 776.041 . . .
. . . But see § 776.041 (restricting the circumstances in which an individual, who was the aggressor, can justify . . .
. . . This instruction is based on section 776.041(1), Florida Statutes (2003), which provides that the justification . . .
. . . We have previously held this instruction, based on section 776.041(1), Florida Statutes (2004), to be . . . State, 604 So.2d 799 (Fla.1992) (holding that section 776.041 jury instruction was proper on claim of . . .
. . . This instruction, which is founded upon section 776.041, Florida Statutes (2003), essentially limits . . .
. . . This court stated: [T]he plain language of section 776.041 indicates that it is applicable only under . . . The language of this instruction is based on section 776.041(1), Florida Statutes (2002). . . .
. . . The complained-of jury instructions have their genesis in section 776.041, Florida Statutes (2003), entitled . . . The plain language of section 776.041(1), though, is such that the instruction is appropriately applied . . . 733 (Fla. 4th DCA 2005), holding that the giving of a standard instruction patterned after section 776.041 . . .
. . . See § 776.041, Fla. Stat. (2002). . . .
. . . In some instances, the instructions applicable to §§ 776.012, 776.031, or 776.041, Fla. . . .
. . . The forcible felony exception instruction is based on section 776.041(1), Florida Statutes (2002), and . . .
. . . The erroneous language in the instruction was based on section 776.041(1), Florida Statutes (2001), which . . .
. . . The exception is based on section 776.041(1), Florida Statutes (2001), and is only applicable where the . . .
. . . This instruction, based on section 776.041(1), Florida Statutes (2003), “is applicable only in circumstances . . .
. . . The forcible felony exception to self defense is predicated “on section 776.041(1) of the Florida Statutes . . .
. . . This instruction, which is based on section 776.041(1), Florida Statutes (2003), is applicable only under . . .
. . . The underscored language is the “forcible felony” exception to self-defense, based on section 776.041 . . .
. . . State, 604 So.2d 799, 803 (Fla.1992); § 776.041, Fla. Stat. (1989). 2. . . .
. . . This instruction, which is based on section 776.041(1), Florida Statutes (2002), is applicable only under . . .
. . . The instruction complained of by the defendant was taken from the language of section 776.041(1), Florida . . . Simply put, section 776.041(1) “does not apply when it is claimed that the acts with which the defendant . . . At the end of trial, the court instructed the jury using the language contained in section 776.041(1) . . . (quoting § 776.041(1), Fla. Stat.) . . . State, 908 So.2d 524 (Fla. 2d DCA 2005) (section 776.041(1) instruction inapplicable where the defendant . . .
. . . The portion of the self-defense instruction we address is based upon the wording in section 776.041(1 . . . This court has held that the inclusion of the section 776.041(1) instruction is erroneous when a defendant . . .
. . . This instruction is based on section 776.041(1), Florida Statutes, which states: 776.041 Use of force . . .
. . . The instruction given by the court (see infra) is based on section 776.041(1), Fla. . . . under section 776.08, Florida Statutes, this court noted in Giles that “the plain language of section 776.041 . . . State, 604 So.2d 799 (Fla.1992) (holding that section 776.041 jury instruction was proper on claim of . . . Essentially, the jury was instructed that 776.041(1) would apply to preclude a self defense claim, when . . .
. . . The instruction contained the following language drawn from sections 776.041(1) and (2), Florida Statutes . . . To give the section 776.041(1) jury instruction in a case such as this is to commit fundamental error . . .
. . . See § 776.041(2), Fla. Stat. (2003). . . .
. . . It is based on section 776.041(1), Florida Statutes, which “is applicable only in circumstances where . . .
. . . the trial court erred by overruling his objection and by giving a jury instruction based on section 776.041 . . . Davis timely objected at trial that the instruction, which was based on section 776.041(1), Florida Statutes . . . was not ineffective because, as of the date of Davis’ appeal, no case had clearly held that section 776.041 . . . Section 776.041(1) plainly does not apply when it is claimed that the acts with which the defendant is . . . The statute provides: 776.041 Use of force by aggressor— The justification described in the preceding . . . State, 604 So.2d 799 (Fla.1992), supported the use of the section 776.041(1), Florida Statutes, instruction . . .
. . . self-defense, because he was charged with killing a man with whom he had negotiated a drug deal, and section 776.041 . . .
. . . The language at issue is based on section 776.041(1), Florida Statutes, which states that use of force . . .
. . . This instruction, based on section 776.041(1), Florida Statutes (2002), “is applicable only in circumstances . . .
. . . Essentially, the jury was instructed that [section] 776.041(1) would apply to preclude a self-defense . . .
. . . The forcible felony instruction was based on section 776.041(1), Florida Statutes (2002), which is applicable . . . Giving a section 776.041(1) instruction where the only charge against Cleveland was the alleged aggravated . . . Although Cleveland did not make an objection at trial to the section 776.041(1) instruction, the giving . . .
. . . Essentially, the jury was instructed that [section] 776.041(1) would apply to preclude a self defense . . . The instruction was based on section 776.041(1), Florida Statutes (2000). . . . .
. . . The forcible felony instruction was based on section 776.041(1), Florida Statutes (2002), which by its . . .
. . . 831 So.2d 1263, 1265 (Fla. 4th DCA 2002), we held that this instruction, which is based upon section 776.041 . . .
. . . See § 776.041(1), Fla. Stat. (2001). Defense counsel did not object to the instruction. . . . Section 776.041, Fla. . . .
. . . defense counsel did not object when the trial court gave the following instruction, based on section 776.041 . . . Regarding the defense of self-defense, section 776.041 provides in pertinent part as follows: The justification . . .
. . . See § 776.041, Fla. Stat (2000). . . .
. . . . § 776.041 provides: "The justification described in the preceding sections of this chapter is not available . . .
. . . The instruction was based on section 776.041(1), Florida Statutes (2002), which provides: 776.041 Use . . . Stat., the plain language of section 776.041 indicates that it is applicable only under circumstances . . . State, 604 So.2d 799 (Fla.1992)(holding that section 776.041 jury instruction was proper on claim of . . . Essentially, the jury was instructed that 776.041(1) would apply to preclude a self-defense claim, when . . .
. . . bodily harm to himself or herself or another or to prevent the imminent commission of a forcible felony. 776.041 . . .
. . . Under section 776.041(1), Florida Statutes (1987), self defense is legally unavailable to a person who . . . .2d 1310 (Fla.1991) (holding drug trafficking was not a forcible felony within the meaning of section 776.041 . . .
. . . Aggressor F.S. 776.041 The use of force not likely to cause death or great bodily harm is not justifiable . . . In some instances, the instructions applicable to F.S. 776.012, 776.031 or 776.041 may need to be given . . .
. . . The instruction was obviously based on section 776.041(1), Florida Statutes (1991): 776.041 Use of force . . . Section 776.041(1) plainly does not apply when it is claimed that the acts with which the defendant is . . .
. . . killing does not occur in the same sequence of events that flows from that aggressor's own violence, § 776.041 . . . aggressor has attempted to withdraw and has indicated this intention before the victim counterattacks. § 776.041 . . . Under section 776.041(1), Florida Statutes (1987), the defense of self defense is not available to a . . .
. . . While recognizing that, pursuant to section 776.041, Fla.Stat. (1987), a self-defense claim is not available . . .
. . . Section 776.041(1), Florida Statutes (1985), denies a defendant the right to assert self-defense and . . . We decline to extend section 776.041 to restrict a defendant from asserting excusable homicide, pursuant . . .
. . . Aggressor F.S. 776.041 Give if applicable Define applicable forcible felony Force in resisting arrest . . . In some instances, the instructions applicable to F.S. 776.012, 776.031 or 776.041 may need to be given . . . Aggressor F.S. 776.041 Give if applicable Define applicable forcible felony Force in resisting arrest . . . In seme instances, the instructions applicable to F.S. 776.012, 776.031 or 776.041 may need to be given . . .
. . . . § 776.041, Fla.Stat. (1974); contrast with Gray v. State, 463 P.2d 897 (Alaska 1970). . . .