Bennington v. State
Bennington v. State
657 So. 2d 57; 1995 Fla. App. LEXIS 7277; 1995 WL 390174
(Southern Reporter, Second Series)
Bennington v. State
Opinion of the Court
We 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).
Case-law data current through December 31, 2025. Source: CourtListener bulk data.