BARNHART v. STATE

No. 94-01414.

670 So.2d 1082 (1996)

Robert E. BARNHART, Jr., Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Second District.

March 20, 1996.


Attorney(s) appearing for the Case

James Marion Moorman, Public Defender, and Kevin Briggs, Assistant Public Defender, Bartow, for Appellant.

Robert A. Butterworth, Attorney General, Tallahassee, and Scott A. Browne, Assistant Attorney General, Tampa, for Appellee.


CAMPBELL, Acting Chief Judge.

Appellant challenges his conviction for capital sexual battery and committing a lewd and lascivious act. We reverse appellant's conviction for capital sexual battery and remand for a new trial because the court committed reversible error in failing to give an instruction on attempted capital sexual battery.

The charges arose when appellant's adopted daughter began recalling incidents of appellant's sexual abuse of her many years...

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