NELSON v. STATE

No. 95-0218.

665 So.2d 382 (1996)

Winston NELSON, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fourth District.

January 3, 1996.


Attorney(s) appearing for the Case

Richard L. Jorandby, Public Defender, and Louis G. Carres, Assistant Public Defender, West Palm Beach, for appellant.

Robert A. Butterworth, Attorney General, Tallahassee, and Don M. Rogers, Assistant Attorney General, West Palm Beach, for appellee.


PER CURIAM.

Appellant Winston Nelson challenges his conviction for battery upon a law enforcement officer and resisting arrest with violence. As to appellant's conviction for battery upon a law enforcement officer, he asserts that the trial court erred in denying a jury instruction on simple battery. We agree. Under the rules of criminal procedure, the trial judge has no discretion whether to instruct the jury on a necessarily lesser-included offense, regardless of...

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