KHIANTHALAT v. STATE

No. SC06-1802.

974 So.2d 359 (2008)

Saysinh KHIANTHALAT, Petitioner, v. STATE of Florida, Respondent.

Supreme Court of Florida.

January 17, 2008.


Attorney(s) appearing for the Case

James Marion Moorman, Public Defender, and Deborah K. Brueckheimer, Assistant Public Defender, Tenth Judicial Circuit, Bartow, FL, for Petitioner.

Bill McCollum, Attorney General, Tallahassee, Florida, and Robert J. Krauss, Bureau Chief, and Jonathan P. Hurley, Assistant Attorneys General, Tampa, FL, for Respondent.


BELL, J.

Is a defendant charged under section 800.04(4), Florida Statutes (2002), with lewd or lascivious battery on a child twelve years of age or older but less than sixteen years of age entitled to a jury instruction on simple battery if the information does not allege lack of consent and the evidence presented at trial does not support lack of consent? In Khianthalat v. State, 935 So.2d 583 (Fla. 2d DCA 2006), the Second...

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