KOCH v. STATE

No. 2D09-1030.

39 So.3d 464 (2010)

Chad KOCH, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Second District.

July 7, 2010.


Attorney(s) appearing for the Case

James Marion Moorman, Public Defender, and Tim F. Bower, Special Assistant Public Defender, Bartow, for Appellant.

Bill McCollum, Attorney General, Tallahassee, and Joseph H. Lee, Assistant Attorney General, Tampa, for Appellee.


NORTHCUTT, Judge.

A jury convicted Chad Koch of fleeing and eluding a police officer, a third-degree felony. § 316.1935(2), Fla. Stat. (2007). Koch contends that the evidence was insufficient to convict him. He argues in the alternative that the trial court erred by refusing to instruct the jury on a lesser included offense. Koch's first position has no merit, and we reject it without further discussion. But we conclude that he was entitled to an instruction...

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