BRYANT v. STATE

No. 2D05-3173.

932 So.2d 408 (2006)

Larry Wayne BRYANT, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Second District.

April 21, 2006.


Attorney(s) appearing for the Case

James Marion Moorman, Public Defender, and Megan Olson, Assistant Public Defender, Bartow, for Appellant.

Charles J. Crist, Jr., Attorney General, Tallahassee, and Tonja Rene Vickers, Assistant Attorney General, Tampa, for Appellee.


CASANUEVA, Judge.

Larry Wayne Bryant appeals from his conviction for battery on a person sixty-five years of age or older. He alleges that the trial court erred by failing to instruct the jury on the lesser-included offense of battery. We agree and reverse Mr. Bryant's conviction and remand for a new trial.

The facts of this case are not in dispute. On May 29, 2004, Mr. Bryant was involved in a series of altercations with a sixty-five-year-old woman while...

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