Washington v. State

632 So. 2d 283, 1994 Fla. App. LEXIS 1349, 1994 WL 54810
District Court of Appeal of Florida·Decided February 25, 1994·No. No. 93-297·Published·Cited by 1 cases

Opinion

PER CURIAM.

We affirm Washington’s convictions and sentences except that we reverse his conviction and sentence for the offense of battery on a law enforcement officer because the trial court failed to instruct the jury on the lesser-included offense of simple battery. Accordingly, we remand this case for a new trial on this charge. See State v. Wimberly, 498 So.2d 929 (Fla.1986); Crapps v. State, 566 So.2d 62 (Fla. 5th DCA 1990).

AFFIRMED in part; REVERSED in part; REMANDED.

W. SHARP, DIAMANTIS and THOMPSON, JJ., concur.

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Washington v. State, 632 So. 2d 283, 1994 Fla. App. LEXIS 1349, 1994 WL 54810 (Fla. Ct. App. 1994).

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