Jeremy Ferrell appeals his aggravated battery convictions. Ferrell was incarcerated in the Hancock County Jail, and he got into an argument with his cellmate Kirk Lonas. Ferrel punched Lonas in the eye, which resulted in Lonas permanently losing sight in that eye.

At trial, Ferrell asked for a self-defense jury instruction because Lonas shoved him before the punch; the trial court declined this request. During deliberation, the jury asked the trial court “if Lonas pushed and/or violently pushed Ferrell does Ferrell have a right to defend himself?” The trial court did not answer the question and advised the jury to look at their preliminary and final instructions. The jury found Ferrell guilty of two counts of aggravated battery.

Ferrell presents three issues on appeal. First, Ferrell argues that the trial court committed reversible error in denying his request for a self-defense instruction. Second, he claims that the refusal to answer the jury’s question about self-defense resulted in fundamental error. Third, he argues that his convictions violate double jeopardy under Wadle. 

The State claims that the evidence did not support a self-defense instruction because Ferrell failed to establish that he had a reasonable fear of bodily harm. Next, the State argues that Ferrell invited any error from the trial court’s decision not to answer the jury’s question because defense counsel (1) told the trial court not to answer the question and (2) said “I like the way that they are thinking” after the trial court did not answer the question. The State agrees with Ferrell’s double jeopardy claim. 

The scheduled panelists are Chief Judge Altice, Judge Pyle, and Judge Felix.