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STATE v. WIMBERLY

No. 67847.

498 So.2d 929 (1986)

STATE of Florida, Petitioner, v. Jeffrey WIMBERLY, Respondent.

Supreme Court of Florida.

December 11, 1986.

Attorney(s) appearing for the Case

Jim Smith, Atty. Gen., and Henri C. Cawthon, Asst. Atty. Gen., Tallahassee, for petitioner.

Michael E. Allen, Public Defender, Second Judicial Circuit, and P. Douglas Brinkmeyer and Pamela D. Presnell, Asst. Public Defenders, Tallahassee, for respondent.

OVERTON, Justice.

This is a petition to review Wimberly v. State, 476 So.2d 272 (Fla. 1st DCA 1985), in which the district court held that, in a prosecution for battery of a law enforcement officer, the trial court erred in failing to instruct the jury on the necessarily lesser included offense of simple battery. In its decision, the district court certified the following question...

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