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KING v. STATE

No. 1D02-3233.

911 So.2d 857 (2005)

Samuel KING, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, First District.

September 22, 2005.

Attorney(s) appearing for the Case

Nancy A. Daniels, Public Defender, and Janice G. Scott, Assistant Public Defender, Tallahassee, for Appellant.

Charlie Crist, Attorney General, and Sherri Tolar Rollison, Assistant Attorney General, Tallahassee, for Appellee.

PER CURIAM.

Samuel King appeals from his conviction for battery on a law enforcement officer. As grounds, he argues the trial court reversibly erred by denying his request for a jury instruction on the lesser included offense of battery. The State correctly acknowledges the error. We reverse.

A trial court has no discretion on whether to instruct on a necessarily included lesser offense. See State v. Wimberly, 498 So.2d 929

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