Florida District Courts of Appeal, 2003

King v. State

Florida District Courts of Appeal · Decided March 12, 2003 · Shahood, Taylor, Warner

839 So. 2d 865; 2003 Fla. App. LEXIS 3137; 2003 WL 1030050 (Southern Reporter, Second Series)

Cases that cite this one

1 later published case cites this decision.

Hill v. State (Fla. Dist. Ct. App. 2003)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

PER CURIAM.

We 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.

Reversed and remanded for a new trial.

WARNER, SHAHOOD and TAYLOR, JJ., concur.

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