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OVERWAY v. STATE

No. 96-3077.

718 So.2d 308 (1998)

Timothy OVERWAY, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fifth District.

September 11, 1998.

Attorney(s) appearing for the Case

James B. Gibson, Public Defender, and Andrea J. Surette, Assistant Public Defender, Daytona Beach, for Appellant.

Robert A. Butterworth, Attorney General, Tallahassee, and Mary G. Jolley, Assistant Attorney General, Daytona Beach, for Appellee.

ANTOON, Judge.

Timothy Overway (defendant) appeals his judgments and sentences entered by the trial court after a jury found him guilty of two counts of felony child abuse.1 We reverse defendant's conviction on count I because the trial court erred in denying defendant's request for a jury instruction on the permissive lesser included offense of misdemeanor child abuse.2 Furthermore, this case must be remanded...

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