ORFINGER, R.B., J.
Jorge A. Rodriguez appeals his conviction of battery on a law enforcement officer in violation of section 784.07(2)(b), Florida Statutes (1999). Rodriguez contends that the trial court's failure to instruct the jury on the necessarily lesser included offense of simple battery, as requested by defense counsel, is reversible error. We agree and reverse.
During the charge conference following the presentation of the evidence, Rodriguez's attorney...
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