KOLARIC v. STATE

No. 91-02342.

616 So.2d 117 (1993)

Robert M. KOLARIC, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Second District.

March 24, 1993.


Attorney(s) appearing for the Case

James Marion Moorman, Public Defender, and Robert M. Focht, Sp. Asst. Public Defender, Bartow, for appellant.

Robert A. Butterworth, Atty. Gen., Tallahassee, and Davis G. Anderson, Jr., Asst. Atty. Gen., Tampa, for appellee.


ALTENBERND, Judge.

Mr. Kolaric appeals his convictions for battery and sexual activity with a child subject to his custodial or familial authority. We affirm the battery conviction, but reverse the sexual activity conviction and remand that count for a new trial. Under the facts of this case, the trial court erred in failing to give a requested instruction explaining that lewd and lascivious conduct was a lesser offense of sexual activity by a custodial adult.

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