DOWNEY v. STATE

No. 90-509.

578 So.2d 792 (1991)

Timothy Taylor DOWNEY, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fifth District.

April 18, 1991.


Attorney(s) appearing for the Case

James B. Gibson, Public Defender, and Paolo G. Annino, Asst. Public Defender, Daytona Beach, for appellant.

Robert A. Butterworth, Atty. Gen., Tallahassee, and Anthony J. Golden, Asst. Atty. Gen., Daytona Beach, for appellee.


DAUKSCH, Judge.

This is an appeal from convictions and sentences for kidnapping and sexual battery. Appellant contends on appeal that the trial court erred by instructing the jury on a lesser offense. He was charged with sexual battery with force likely to cause serious injury in violation of section 794.011(3), Florida Statutes (1989). Based upon the erroneous jury instruction he was convicted of a lesser sexual battery...

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