CRAPPS v. STATE

No. 89-2241.

566 So.2d 62 (1990)

Dwayne CRAPPS, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fifth District.

August 30, 1990.


Attorney(s) appearing for the Case

James B. Gibson, Public Defender and Michele A. Lucas, Asst. Public Defender, Daytona Beach, for appellant.

Robert A. Butterworth, Atty. Gen., Tallahassee, and Rebecca R. Wall, Asst. Atty. Gen., Daytona Beach, for appellee.


HARRIS, Judge.

Dwayne Crapps appeals his conviction of two counts of battery on a law enforcement officer. He contends the court erred in denying his request to give the simple battery instruction as a lesser included offense. We agree and reverse.

Although not listed as a lesser included offense to the offense of battery on a law enforcement officer in the Standard Jury Instructions, nonetheless, case law makes it clear that simple battery is a lesser included...

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