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LEWIS v. STATE

CASE NO. 1D15-3807.

211 So.3d 279 (2017)

Ervin J. LEWIS, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, First District.

Opinion filed February 7, 2017.

Attorney(s) appearing for the Case

Andy Thomas , Public Defender, and Mark Graham Hanson , Assistant Public Defender, Tallahassee, for Appellant.

Pamela Jo Bondi , Attorney General, and Trisha Meggs Pate , Bureau Chief — Criminal Appeals, Tallahassee, for Appellee.

Ervin J. Lewis, appellant, asserts that the trial court committed per se reversible error when it refused to instruct the jury on the necessarily lesser-included offense of simple battery when the underlying charge was battery within a detention facility. § 784.082(3), Fla. Stat. (2014). We are constrained to reverse pursuant to the Florida...

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