BILES v. STATE

No. 96-2153.

700 So.2d 166 (1997)

Richard BILES, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fourth District.

October 15, 1997.


Attorney(s) appearing for the Case

Richard L. Jorandby, Public Defender, and Susan D. Cline, Assistant Public Defender, West Palm Beach, for appellant.

Robert A. Butterworth, Attorney General, Tallahassee, and Myra J. Fried, Assistant Attorney General, West Palm Beach, for appellee.


DELL, Judge.

Richard Biles appeals his conviction of three counts of sexual battery upon one child, one count of sexual battery and one count of lewd, lascivious, or indecent assault upon another child, and one count of committing a lewd act in the presence of either or both of the children. He contends that the trial court erred when it denied his request for a jury instruction on battery as a lesser included offense of count five, lewd, lascivious, or indecent assault...

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