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BESS v. STATE

No. 83-1304.

445 So.2d 716 (1984)

Clifford BESS, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fourth District.

February 29, 1984.

Attorney(s) appearing for the Case

Richard L. Jorandby, Public Defender, and Lawrence Duffy, Asst. Public Defender, West Palm Beach, for appellant.

Jim Smith, Atty. Gen., Tallahassee, and Sharon Lee Stedman, Asst. Atty. Gen., West Palm Beach, for appellee.

PER CURIAM.

Clifford Bess was charged in Count III of an information with sexual battery. He was convicted of aggravated battery, a lesser included offense contained in Count III. He appeals this conviction. We reverse and remand for a new trial.

The trial court declined to charge the jury, although requested, with the lesser included offenses of battery, assault, and aggravated assault. This was error in light of the accusatory pleading and evidence. Harris...

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