District Court of Appeal of Florida February 8, 2013, No. 5D11-2901 (Crimins v. State)

EVANDER, J.

John Crimins, Jr., appeals his conviction for aggravated battery upon Jason Warren. He contends that the trial court committed fundamental error by giving the jury the forcible felony exception to the self-defense instruction where there was no evidence that he was engaged in a separate and independent forcible felony at the time of the claimed self-defense. We reverse.