DIGGS v. STATE

No. 85-1299.

489 So.2d 1228 (1986)

Stanley Edward DIGGS, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fifth District.

June 12, 1986.


Attorney(s) appearing for the Case

James B. Gibson, Public Defender, and Michael L. O'Neill, Asst. Public Defender, Daytona Beach, for appellant.

Jim Smith, Atty. Gen., Tallahassee, and Ellen D. Phillips, Asst. Atty. Gen., Daytona Beach, for appellee.


DAUKSCH, Judge.

This is an appeal from a conviction and sentence for sexual battery. As to the conviction appellant says it was error for the court to have instructed the jury regarding a necessarily lesser included offense because he had requested that that instruction not be given. Appellant was charged with sexual battery with force likely to cause serious injury in violation of section 794.011(3), Florida Statutes (1985). He was convicted of the lesser sexual...

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