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LAMBERT v. STATE

No. 97-04376.

730 So.2d 397 (1999)

David Mark LAMBERT, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Second District.

April 9, 1999.

Attorney(s) appearing for the Case

James Marion Moorman, Public Defender, Bartow and Carol J.Y. Wilson, Assistant Public Defender, Clearwater, for Appellant.

Robert A. Butterworth, Attorney General, Tallahassee and Timothy A. Freeland, Assistant Attorney General, Tampa, for Appellee.

CAMPBELL, Acting Chief Judge.

Appellant, convicted of battery on a law enforcement officer, challenges his conviction. Because we conclude that the court erred in refusing to instruct the jury on the necessarily lesser included offense of battery, we reverse.

In State v. Wimberly, 498 So.2d 929 (Fla. 1986), the Florida Supreme Court held that "[t]he trial judge has no discretion in whether to instruct the jury on...

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