BENTON v. STATE

No. 93-723.

650 So.2d 688 (1995)

Tommy BENTON, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, First District.

February 21, 1995.


Attorney(s) appearing for the Case

Nancy A. Daniels, Public Defender, Chris W. Hoeg, Asst. Public Defender, Tallahassee, for appellant.

Tommy Benton, pro se.

Robert A. Butterworth, Atty. Gen., Sonya Roebuck Horbelt, Asst. Atty. Gen., Tallahassee, for appellee.


PER CURIAM.

Appellant, an inmate at Glades Correctional Institution, was charged with and found guilty of battery on a law enforcement officer in connection with an incident at the correction institution. In his appeal, appellant asserts that, among other things, the trial court committed reversible error in failing to instruct the jury on simple battery, a necessary lesser included offense of battery on a law enforcement officer. We conclude that, although the simple...

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