DAVENPORT v. STATE

No. 82-2305.

429 So.2d 1352 (1983)

Lonnie DAVENPORT, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Second District.

April 20, 1983.


Attorney(s) appearing for the Case

Jerry Hill, Public Defender, and Michael E. Raiden, Asst. Public Defender, Bartow, for appellant.

Jim Smith, Atty. Gen., Tallahassee, and Diane Barrs, Asst. Atty. Gen., Tampa, for appellee.


HOBSON, Acting Chief Judge.

Lonnie Davenport, who was charged with and tried for sexual battery using physical force and violence not likely to cause serious physical injury, a second degree felony,1 seeks review of his judgment and sentence for attempted sexual battery, contending that the trial court erred by failing to instruct the jury as requested on the lesser-included offense of battery. We agree with his contention and therefore...

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