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BARNETT v. STATE

No. 3D08-1893.

45 So.3d 963 (2010)

Ronald BARNETT, Appellant, v. The STATE of Florida, Appellee.

District Court of Appeal of Florida, Third District.

October 13, 2010.

Attorney(s) appearing for the Case

Carlos J. Martinez , Public Defender, and Robert Kalter , Assistant Public Defender, for appellant.

Bill McCollum , Attorney General, and Heidi Milan Caballero , Assistant Attorney General, for appellee.

Before COPE, WELLS and SALTER, JJ.

COPE, J.

Ronald Barnett appeals his conviction for lewd and lascivious molestation in violation of subsection 800.04(5)(a), (b), Florida Statutes (2003).1 We affirm.

Defendant-appellant Barnett first argues that the trial court erred by refusing to give a jury instruction on simple battery as a lesser included offense. Battery can be a permissive lesser included offense to a charge under...

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