Holcomb v. State
760 So. 2d 1097, 2000 Fla. App. LEXIS 8040, 2000 WL 826680
Opinion
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.
Free access — add to your briefcase to read the full text and ask questions with AI
Holcomb v. State, 760 So. 2d 1097, 2000 Fla. App. LEXIS 8040, 2000 WL 826680 (Fla. Ct. App. 2000).
760 So. 2d 1097 (Holcomb v. State) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.
Related
Palazzolo v. State
754 So. 2d 731 (District Court of Appeal of Florida, 2000)
Harrison v. State
743 So. 2d 178 (District Court of Appeal of Florida, 1999)