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WASHINGTON v. STATE

No. 93-297.

632 So.2d 283 (1994)

Edmund WASHINGTON, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fifth District.

February 25, 1994.

Attorney(s) appearing for the Case

James B. Gibson, Public Defender, and Lyle Hitchens, Asst. Public Defender, Daytona Beach, for appellant.

Robert A. Butterworth, Atty. Gen., Tallahassee, and Belle B. Turner, Asst. Atty. Gen., Daytona Beach, for appellee.

PER CURIAM.

We affirm Washington's convictions and sentences except that we reverse his conviction and sentence for the offense of battery on a law enforcement officer because the trial court failed to instruct the jury on the lesserincluded offense of simple battery. Accordingly, we remand this case for a new trial on this charge. See State v. Wimberly, 498 So.2d 929 (Fla. 1986); Crapps v. State,

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