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HARTLEY v. STATE

No. 2D08-5267.

27 So.3d 233 (2010)

Anthony HARTLEY, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Second District.

February 17, 2010.

Attorney(s) appearing for the Case

James Marion Moorman, Public Defender, and Allyn M. Giambalvo, Assistant Public Defender, Bartow, for Appellant.

Bill McCollum, Attorney General, Tallahassee, and Richard M. Fishkin, Assistant Attorney General, Tampa, for Appellee.

KELLY, Judge.

Anthony Hartley was convicted of: count one, felony battery with great bodily harm and count two, burglary of a conveyance with a battery. He contends that we should reverse his conviction for count two because the trial court denied his request for a jury instruction on burglary, a necessarily lesser-included offense of burglary of a conveyance with a battery. The State concedes the error.

When requested, trial courts are required to instruct...

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