SPENCE v. STATE

No. 2D13-2297.

138 So.3d 598 (2014)

William SPENCE, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Second District.

May 9, 2014.


Attorney(s) appearing for the Case

Howard L. Dimmig, II , Public Defender, and Simone A. Lennon , Special Assistant Public Defender, Bartow, for Appellant.

Pamela Jo Bondi , Attorney General, Tallahassee, and Wendy Buffington , Assistant Attorney General, Tampa, for Appellee.


KELLY, Judge.

William Spence was convicted of the offenses of driving while license is permanently revoked (habitual offender), fleeing or eluding, resisting arrest without violence, refusal to submit to testing, and leaving the scene of a crash involving property damage. He argues that he is entitled to a new trial on the driving with a revoked license charge because the trial court failed to give a jury instruction on the necessarily included lesser offense of no...

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