Macri v. State

District Court of Appeal of Florida

Macri v. State

689 So. 2d 1280, 1997 Fla. App. LEXIS 2725, 1997 WL 129183

CourtDistrict Court of Appeal of Florida

DecidedMarch 21, 1997

DocketCase No. 96-945

StatusPublished

Cited by3 cases

This text of 689 So. 2d 1280 (Macri 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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Macri v. State, 689 So. 2d 1280, 1997 Fla. App. LEXIS 2725, 1997 WL 129183 (Fla. Ct. App. 1997).

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Opinion

PER CURIAM.

Convicted of the offense of battery on a law enforcement officer, the appellant Julia Maori complains that the trial court failed to instruct the jury on the necessarily lesser included offense of simple battery as requested by defense counsel. The appellant correctly argues that the trial court had no alternative but to give the instruction and the state, in effect, concedes that it was a per se reversible error. State v. Wimberly, 498 So.2d 929 (Fla.1986); Nelson v. State, 665 So.2d 382 (Fla. 4th DCA 1996); Crapps v. State, 566 So.2d 62 (Fla. 5th DCA 1990).

Accordingly, we vacate the judgement of conviction and remand for a new trial on the charge of battery on a law enforcement officer.

JUDGMENT VACATED; REMANDED.

PETERSON, C.J., and W. SHARP and GOSHORN, JJ., concur.

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PER CURIAM.

Convicted of the offense of battery on a law enforcement officer, the appellant Julia Maori complains that the trial court failed to instruct the jury on the necessarily lesser included offense of simple battery as requested by defense counsel. The appellant correctly argues that the trial court had no alternative but to give the instruction and the state, in effect, concedes that it was a per se reversible error. State v. Wimberly, 498 So.2d 929 (Fla.1986); Nelson v. State, 665 So.2d 382 (Fla. 4th DCA 1996); Crapps v. State, 566 So.2d 62 (Fla. 5th DCA 1990).

Accordingly, we vacate the judgement of conviction and remand for a new trial on the charge of battery on a law enforcement officer.

JUDGMENT VACATED; REMANDED.

PETERSON, C.J., and W. SHARP and GOSHORN, JJ., concur.

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689 So. 2d 1280, 1997 Fla. App. LEXIS 2725, 1997 WL 129183, Counsel Stack Legal Research, https://law.counselstack.com/opinion/macri-v-state-fladistctapp-1997.

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