Holcomb v. State

¶1The trial court’s failure to instruct the jury as to an essential element of the crime of sexual battery, lack of consent, which was the primary disputed issue at the trial, constituted fundamental error which, even in the absence of objection below, requires reversal of the appellant’s conviction of that crime and a new trial. See Palazzolo v. State, 754 So.2d 731 (Fla. 2d DCA 2000); Harrison v. State, 743 So.2d 178 (Fla. 3d DCA 1999), and cases cited.