Public-domain · open source
OpenJurist

839 So. 2d 865

King v. State

District Court of Appeal of Florida · decided 2003-03-12

Cited by 5 later decisions — most recently May 2018

5 state decisions

Relies on 700 So. 2d 166 - Biles v. State

Good law ✅— No negative treatment on recordhow we know

Decided 2003-03-12

View the full empirical analysis of this case →

PER CURIAM.

¶1We reverse appellant’s conviction for indecent assault on a child under sixteen years of age because the trial court erred in denying appellant’s requested jury instruction on battery. As battery is a category two lesser included offense of indecent assault, and the information and evidence support the lesser included offense is within the charged offense, the court was required to give the instruction upon appellant’s request. See Biles v. State, 700 So.2d 166, 167 (Fla. 4th DCA 1997). Here, both the pleadings and the evidence supported a battery instruction.

¶2Reversed and remanded for a new trial.

WARNER, SHAHOOD and TAYLOR, JJ., concur.
/839/so2d/865 · .json · Public domain