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566 So. 2d 62

Docket No. 89-2241.

Crapps v. State

Dwayne CRAPPS, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida

Decided August 30, 1990.

District Court of Appeal of Florida · decided 1990-08-30

Cited by 5 later decisions — most recently May 2003

5 state decisions

Key passage — most relied on by later courts

“Although not listed as a lesser included offense to the offense of battery on a law enforcement officer in the Standard Jury Instructions, nonetheless, case law makes it clear that simple battery is a lesser included offense to such a charge.”

quoted by 1 later decision, including 608 So. 2d 114 - Brown v. State

Relies on 498 So. 2d 929 - State v. Wimberly · 564 So. 2d 161 - Hayes v. State · 512 So. 2d 183 - State v. Crumley

Good law ✅— No negative treatment on recordhow we know

Decided 1990-08-30

View the full empirical analysis of this case →

¶1James B. Gibson, Public Defender and Michele A. Lucas, Asst. Public Defender, Daytona Beach, for appellant.

¶2Robert A. Butterworth, Atty. Gen., Tallahassee, and Rebecca R. Wall, Asst. Atty. Gen., Daytona Beach, for appellee.

¶3HARRIS, Judge.

¶4Dwayne Crapps appeals his conviction of two counts of battery on a law enforcement officer. He contends the court erred in denying his request to give the simple battery instruction as a lesser included offense. We agree and reverse.

¶5Although not listed as a lesser included offense to the offense of battery on a law enforcement officer in the Standard Jury Instructions, nonetheless, case law makes it clear that simple battery is a lesser included offense to such a charge. Jelks v. State,509 So.2d 404 (Fla. 5th DCA 1987); Crumley v. State,489 So.2d 112 (Fla. 1st DCA 1986), approved,512 So.2d 183 (Fla. 1987). A trial judge has no discretion on whether to instruct on a necessary lesser included offense. State v. Wimberly,498 So.2d 929 (Fla. 1986). Such error is *63 not harmless. Hayes v. State,564 So.2d 161 (Fla. 2d DCA 1990).

¶6REVERSED for a new trial.

¶7PETERSON and GRIFFIN, JJ., concur.

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