Bennington v. State

District Court of Appeal of Florida

Bennington v. State

657 So. 2d 57, 1995 Fla. App. LEXIS 7277, 1995 WL 390174

CourtDistrict Court of Appeal of Florida

DecidedJuly 5, 1995

DocketNo. 94-0629

StatusPublished

Cited by1 cases

This text of 657 So. 2d 57 (Bennington v. State) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Bennington v. State, 657 So. 2d 57, 1995 Fla. App. LEXIS 7277, 1995 WL 390174 (Fla. Ct. App. 1995).

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Opinion

PER CURIAM.

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).

GUNTHER, C.J., and STONE and FARMER, JJ., concur.

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PER CURIAM.

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).

GUNTHER, C.J., and STONE and FARMER, JJ., concur.

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657 So. 2d 57, 1995 Fla. App. LEXIS 7277, 1995 WL 390174, Counsel Stack Legal Research, https://law.counselstack.com/opinion/bennington-v-state-fladistctapp-1995.

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