final until disposition of timely filed motion for rehearing.
from the Circuit Court for the Seventeenth Judicial Circuit,
Broward County; Geoffrey D. Cohen, Judge; L.T. Case No.
Haughwout, Public Defender, and Patrick B. Burke, Assistant
Public Defender, West Palm Beach, for appellant.
Jo Bondi, Attorney General, Tallahassee, and Rachael Kaiman,
Assistant Attorney General, West Palm Beach, for appellee.
Stickney appeals his conviction and sentence for felony
battery. He argues that the trial court improperly instructed
the jury on the victim's right to use force. We agree and
reverse for a new trial. On the remaining issues raised by
appellant, we find no error.
was charged by information with aggravated battery and
culpable negligence, arising out of a fight he had with his
former girlfriend, Marika Ellis.
trial, Ellis testified that she and appellant had a two-year
old daughter together. Ellis and appellant broke up in April
2015, but they continued to see each other often.
days before the incident that led to the criminal charges
against appellant, Ellis learned that a woman whom appellant
was seeing was pregnant.
day of the incident, appellant wanted Ellis to come over so
he could explain to her what was going on with the other
woman. Ellis arrived at appellant's house shortly before
noon and went to appellant's bedroom. Ellis brought their
daughter with her. Appellant's aunt, cousin, and
grandmother were also in the house.
appellant and Ellis were talking, appellant received a text
message from the other woman. Appellant got upset and threw
left to go to the store but eventually returned. Appellant
was lying down in his bedroom and appeared to have been
crying. Ellis sat on the bed and put their daughter near
appellant, hoping to brighten his spirits. Appellant instead
got upset and "kind of pushed back" towards their
daughter. Ellis was able to grab her and intercept any
then got up and said she was "getting the hell out of
there." Appellant responded, "[T]hen get the fuck
out." Appellant got up and was angry. He and Ellis
started yelling at each other. ...