Bess v. State

District Court of Appeal of Florida

Bess v. State

445 So. 2d 716, 1984 Fla. App. LEXIS 11934

CourtDistrict Court of Appeal of Florida

DecidedFebruary 29, 1984

DocketNo. 83-1304

StatusPublished

This text of 445 So. 2d 716 (Bess 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.

Bluebook

Bess v. State, 445 So. 2d 716, 1984 Fla. App. LEXIS 11934 (Fla. Ct. App. 1984).

Pincite

Opinion

PER CURIAM.

Clifford Bess was charged in Count III of an information with sexual battery. He was convicted of aggravated battery, a lesser included offense contained in Count III. He appeals this conviction. We reverse and remand for a new trial.

The trial court declined to charge the jury, although requested, with the lesser included offenses of battery, assault, and aggravated assault. This was error in light of the accusatory pleading and evidence. Harris v. State, 438 So.2d 787 (Fla.1983); DeLaine v. State, 262 So.2d 655 (Fla.1972); Rule 3.510(b), Florida Rules of Criminal Procedure.

We reverse and remand for a new trial as to Count III, with the retrial to be limited to the charge of Aggravated Battery and lesser included offenses. Rule 3.640(a), Florida Rules of Criminal Procedure.

BERANEK, DELL and WALDEN, JJ., concur.

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