BRAGG v. STATE

No. 82-2583.

433 So.2d 1375 (1983)

Cleveland O. BRAGG, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Second District.

July 13, 1983.


Attorney(s) appearing for the Case

Richard D. Mars and Wofford H. Stidham, Bartow, for appellant.

Jim Smith, Atty. Gen., Tallahassee, and William I. Munsey, Jr., and Diane Barrs, Asst. Attys. Gen., Tampa, for appellee.


SCHEB, Acting Chief Judge.

The state charged appellant Cleveland Odell Bragg with armed robbery and with sexual battery while using or threatening to use a deadly weapon, a firearm. He was convicted of the lesser charge of sexual battery using slight force. Appellant challenges his conviction on the ground that the trial court erred in instructing the jury, over his objection, that the charge for which he was convicted was a lesser-included offense of the crime charged...

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