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appeal from the Circuit Court for Miami-Dade County, Stacy D.
Glick, Judge. Lower Tribunal No. 16-11296
J. Martinez, Public Defender, and Susan Lerner, Assistant
Public Defender, for appellant.
Moody, Attorney General, and Jeffrey R. Geldens, Assistant
Attorney General, for appellee.
FERNANDEZ, HENDON, and MILLER, JJ.
Lamar Lindo, challenges his conviction and sentence for
attempted manslaughter by act, in violation of section
782.07(1), Florida Statutes (2019). On appeal, Lindo contends
the lower tribunal erred in instructing the jury on the
forcible-felony exception to self-defense, as he was not
charged with an independent forcible felony. See
§ 776.041(1), Fla. Stat. (2019). Finding fundamental error,
we reverse and remand for a new trial.
FACTS AND BACKGROUND
30, 2016, Lindo, a Miami-Dade Parks, Recreation, and Open
Spaces Department employee and part-time security guard,
slept at the abode of his paramour, Nicole Mitchell. Mitchell
resided with her children in a second-floor apartment,
located above a storefront, adjacent to an expansive parking
Shortly after six oclock the following morning, Bobby
Jackson, the father of one of Mitchells daughters, arrived
at the home, purportedly to retrieve a pendant. Upon his
arrival, Jackson alerted the occupants of the residence to
his presence by loudly knocking on the front door.
Thereafter, Jackson exchanged text messages with Mitchell. A
child subsequently exited the home and furnished the
requested trinket to Jackson. Jackson walked to the nearby
parking lot, where Lindos vehicle was parked.
Mitchell observed Jackson in the parking lot and warned him
away from Lindos car. Mitchell and Jackson engaged in a
verbal spar, and Lindo left the apartment and walked toward
his vehicle. Jackson violently attacked Lindo and a prolonged
struggle ensued. Jackson eventually pushed Lindo into the