JEFFERIES v. STATE

No. 2D02-1026.

849 So.2d 401 (2003)

Robert Christopher JEFFERIES, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Second District.

June 27, 2003.


Attorney(s) appearing for the Case

James Marion Moorman, Public Defender, and Judith Ellis, Special Assistant Public Defender, Bartow, for Appellant.

Charles J. Crist, Jr., Attorney General, Tallahassee, and C. Suzanne Bechard, Assistant Attorney General, Tampa, for Appellee.


CASANUEVA, Judge.

Robert Christopher Jefferies challenges his conviction for felony battery and the resulting sentence. We reverse because we find that the trial court erred in instructing the jury on a lesser-included offense.1

The facts of this case are essentially undisputed. Outside a convenience store shortly after 6 a.m. in April 2000, the victim, with whom Mr. Jefferies was acquainted, had a confrontation with Mr. Jefferies...

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