ALLEN v. STATE

No. 1D19-1315.

298 So.3d 704 (2020)

Reggie Eugene ALLEN, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, First District.

June 29, 2020.


Attorney(s) appearing for the Case

Andy Thomas , Public Defender, Greg Caracci , Assistant Public Defender, and Glen P. Gifford , Assistant Public Defender, Tallahassee, for Appellant.

Ashley Moody , Attorney General, and David Welch , Assistant Attorney General, Tallahassee, for Appellee.


Appellant appeals his judgment and sentence, arguing the trial court erred by not instructing the jury on a necessarily lesser included offense for Count I, regardless of whether evidence supported the instruction. We affirm.

Facts

Appellant was charged by Amended Information with three counts of sexual battery...

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