WARNER, Judge.
This appeal arises from appellant's conviction for the crime of burglary with a battery. In charging the jury, the trial court refused to instruct on the lesser-included offense of simple battery. We hold that this was error under the circumstances of this case.
Appellant had become violent with the victim, his girlfriend, who obtained a domestic violence injunction against him. On the day of the incident, appellant came to the victim's house...
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