APPLEWHITE v. STATE

No. 5D03-1919.

874 So.2d 1276 (2004)

Andre APPLEWHITE, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fifth District.

June 18, 2004.


Attorney(s) appearing for the Case

James B. Gibson, Public Defender, and Noel A. Pelella, Assistant Public Defender, Daytona Beach, for Appellant.

Charles J. Crist, Jr., Attorney General, Tallahassee, and Mary G. Jolley, Assistant Attorney General, Daytona Beach, for Appellee.


GRIFFIN, J.

Andre Applewhite ["Applewhite"] appeals his judgment and sentence. He contends that the trial court erred in denying his request for a jury instruction on a lesser included offense and in granting the State's request for a special jury instruction. We affirm.

On July 18, 2002, Applewhite was charged by amended information with escape1 and battery upon a law enforcement officer. Applewhite was found guilty of escape...

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