HARRIS, J.
Appellant was found guilty of battery on a law enforcement officer. During the charge conference, Hires requested instruction on the lesser included charge of simple battery. The court rejected the charge. Hires failed to object after the instructions were read to the jury, believing that the court had clearly rejected his position. The State concedes error but asserts that the error was waived by Hires' failure to timely object after the instructions....
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