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Bennington v. State

District Court of Appeal of Florida, Fourth District
Jul 5, 1995
657 So. 2d 57 (Fla. Dist. Ct. App. 1995)

Opinion

No. 94-0629.

July 5, 1995.

Appeal from the Circuit Court, Broward County, Paul Backman, J.

Richard L. Jorandby, Public Defender, and Karen E. Ehrlich, Asst. Public Defender, West Palm Beach, for appellant.

Robert A. Butterworth, Atty. Gen., Tallahassee, and Sharon A. Wood, Asst. Atty. Gen., West Palm Beach, for appellee.


We reverse Appellant's convictions and sentences for indecent assault and remand for a new trial. The state acknowledges that it was error to deny the requested jury instruction on the lesser included offense of exposure under section 800.03, Florida Statutes (1993). See Herrington v. State, 538 So.2d 850 (Fla. 1989); Rigdon v. State, 621 So.2d 475 (Fla. 4th DCA 1993). As the issue was not harmless, the convictions must be reversed. State v. Abreau, 363 So.2d 1063 (Fla. 1978); Acensio v. State, 497 So.2d 640 (Fla. 1986).

GUNTHER, C.J., and STONE and FARMER, JJ., concur.


Summaries of

Bennington v. State

District Court of Appeal of Florida, Fourth District
Jul 5, 1995
657 So. 2d 57 (Fla. Dist. Ct. App. 1995)
Case details for

Bennington v. State

Case Details

Full title:SCOTT BENNINGTON, APPELLANT, v. STATE OF FLORIDA, APPELLEE

Court:District Court of Appeal of Florida, Fourth District

Date published: Jul 5, 1995

Citations

657 So. 2d 57 (Fla. Dist. Ct. App. 1995)