HICKS v. STATE

No. 92-1568.

622 So.2d 14 (1993)

Marcos HICKS, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fifth District.

Rehearing Denied August 11, 1993.


Attorney(s) appearing for the Case

Burton J. Green, Cocoa, for appellant.

Robert A. Butterworth, Atty. Gen., Tallahassee, and Bonnie Jean Parrish, Asst. Atty. Gen., Daytona Beach, for appellee.


HARRIS, Judge.

Marcos Hicks was convicted of kidnapping, robbery, and two counts of sexual battery with a deadly weapon. The only issue on appeal that we believe merits discussion is the court's failure to give a necessarily included lesser offense instruction.

The information charged (in relation to the sexual battery counts) that Hicks "in the process thereof used or threatened to use a deadly weapon, to wit: A KNIFE." The victim testified that indeed a...

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