Holcomb v. State
Holcomb v. State
760 So. 2d 1097; 2000 Fla. App. LEXIS 8040; 2000 WL 826680
(Southern Reporter, Second Series)
Holcomb v. State
Opinion of the Court
The 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.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.