¶1We reverse Appellant’s convictions and sentences for indecent assault and remand for a new trial. The state acknowledges that it was error to deny the requested jury instruction on the lesser included offense of exposure under section 800.03, Florida Statutes (1993). See Herrington v. State, 538 So.2d 850 (Fla.1989); Rigdon v. State, 621 So.2d 475 (Fla. 4th DCA 1993). As the issue was not harmless, the convictions must be reversed. State v. Abreau, 363 So.2d 1063 (Fla.1978); Acensio v. State, 497 So.2d 640 (Fla.1986).
657 So. 2d 57
Bennington v. State
District Court of Appeal of Florida
Decided July 5, 1995
District Court of Appeal of Florida · decided 1995-07-05
Cited by 3 later decisions — most recently June 2007
3 state decisions
Relies on Grant v. State · State Farm Mutual Automobile Insurance Co. v. Garcia · 497 So. 2d 640 - Acensio v. State
Good law ✅— No negative treatment on recordhow we know
Decided 1995-07-05
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