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Florida District Courts of Appeal, 1994

Washington v. State

Washington v. State
Florida District Courts of Appeal · Decided February 25, 1994 · Diamantis, Sharp, Thompson
632 So. 2d 283; 1994 Fla. App. LEXIS 1349; 1994 WL 54810 (Southern Reporter, Second Series)

Washington v. State

Opinion of the Court

PER CURIAM.

We affirm Washington’s convictions and sentences except that we reverse his conviction and sentence for the offense of battery on a law enforcement officer because the trial court failed to instruct the jury on the lesser-included offense of simple battery. Accordingly, we remand this case for a new trial on this charge. See State v. Wimberly, 498 So.2d 929 (Fla. 1986); Crapps v. State, 566 So.2d 62 (Fla. 5th DCA 1990).

AFFIRMED in part; REVERSED in part; REMANDED.

W. SHARP, DIAMANTIS and THOMPSON, JJ., concur.

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