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FOSTER v. STATE

No. 82-1369.

448 So.2d 1239 (1984)

David Wayne FOSTER, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fifth District.

April 26, 1984.

Attorney(s) appearing for the Case

Dan R. Warren of Judge & Warren, P.A., Daytona Beach, for appellant.

Jim Smith, Atty. Gen., Tallahassee, Sean Daly, Asst. Atty. Gen., Daytona Beach, for appellee.

FRANK D. UPCHURCH, Jr., Judge.

David Wayne Foster appeals from his conviction for aggravated battery. The question presented is whether the trial court, upon request, was required to instruct the jury on the lesser included charge of battery.

In State v. Abreau, 363 So.2d 1063 (Fla. 1978), the supreme court stated that the failure to instruct on the next immediate lesser included offense (one step removed) constitutes...

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