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MACRI v. STATE

Case No. 96-945.

689 So.2d 1280 (1997)

Julia MACRI, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fifth District.

March 21, 1997.

Attorney(s) appearing for the Case

James B. Gibson, Public Defender, and Rebecca M. Becker, Assistant Public Defender, Daytona Beach, for Appellant.

Robert A. Butterworth, Attorney General, Tallahassee, and Bonnie Jean Parrish, Assistant Attorney General, Daytona Beach, for Appellee.

PER CURIAM.

Convicted of the offense of battery on a law enforcement officer, the appellant Julia Macri complains that the trial court failed to instruct the jury on the necessarily lesser included offense of simple battery as requested by defense counsel. The appellant correctly argues that the trial court had no alternative but to give the instruction and the state, in effect, concedes that it was a per se reversible error. State v. Wimberly,

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