KEVIN SKRIVER, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
Explore caselaw by topic → Browse Necessarily Lesser Included Offense cases and more on FLexlaw
PALMER, J.
Kevin Skriver appeals his judgment and sentence which were entered by the trial court after a jury found Skriver guilty of committing the crime of aggravated battery upon a pregnant person in violation of section 784.045(l)(b) of the Florida Statutes (2001). The State commendably and properly concedes that Skriver’s judgment and sentence must be reversed and this matter remanded for a new trial because the trial court reversibly erred in denying Mr. Skriver’s timely request for a jury instruction on the necessarily lesser included offense of battery. See Fla. Std. Jury Instr. (Crim.) Aggravated Battery. Accordingly, we reverse Mr. Skriver’s judgment and sentence and remand this matter to the trial court for a new trial. See Rodriguez v. State, 789 So. 2d 513 (Fla. 5th DCA 2001)(holding that trial court’s failure to give requested jury instruction on necessarily lesser included offense of battery is reversible error).
REVERSED and REMANDED.
THOMPSON and MONACO, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Pacu Rivera-Rivera v. State, 65 So. 3d 1160 (Fla. 5th DCA 2011)…pardy principles preclude Rivera’s separate convictions for battery and simple assault. As to the battery conviction, the State correctly concedes error, as the battery was subsumed by the greater offense of aggravated battery. See Skriver v. State, 861 So. 2d 1290 (Fla. 5th DCA 2004). For the reason explained in Latimer v. State, 44 So. 3d 1239 (Fla. 5th DCA 2010), we also vacate the simple assault conviction. Accordingly, we reverse both the battery and assault convictions and remand with instructions to v…
Authorities Cited
- Kirkendall v. State, 789 So. 2d 513 (Fla. 2d DCA 2001)