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FUNICIELLO v. STATE

No. 5D14-2724.

179 So.3d 388 (2015)

Italo FUNICIELLO, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fifth District.

Certification to S.Ct. Denied December 10, 2015.

Attorney(s) appearing for the Case

William R. Ponall and John M. Kelly , of Snure & Ponall, P.A., Winter Park, for Appellant.

Pamela Jo Bondi , Attorney General, Tallahassee, and Carmen F. Corrente , Assistant Attorney General, Daytona Beach, for Appellee.

Italo Funiciello (the defendant) appeals his convictions on two counts of lewd or lascivious battery. Determining that the trial court erred in failing to give a requested jury instruction on a permissive lesser-included offense, we reverse.

The defendant was charged with two counts of lewd or lascivious battery.

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