Opinion
No. 93-297.
February 25, 1994.
Appeal from the Circuit Court for Orange County; George A. Sprinkel, IV, Judge.
James B. Gibson, Public Defender, and Lyle Hitchens, Asst. Public Defender, Daytona Beach, for appellant.
Robert A. Butterworth, Atty. Gen., Tallahassee, and Belle B. Turner, Asst. Atty. Gen., Daytona Beach, for appellee.
We affirm Washington's convictions and sentences except that we reverse his conviction and sentence for the offense of battery on a law enforcement officer because the trial court failed to instruct the jury on the lesser included offense of simple battery. Accordingly, we remand this case for a new trial on this charge. See State v. Wimberly, 498 So.2d 929 (Fla. 1986); Crapps v. State, 566 So.2d 62 (Fla. 5th DCA 1990).
AFFIRMED in part; REVERSED in part; REMANDED.
W. SHARP, DIAMANTIS and THOMPSON, JJ., concur.