No. 95-0934.
District Court of Appeal of Florida, Fourth District.
March 13, 1996.
Richard L. Jorandby, Public Defender, and Joseph R. Chloupek, Assistant Public Defender, West Palm Beach, for appellant.
Robert A. Butterworth, Attorney General, Tallahassee, and Joan L. Greenberg, Assistant Attorney General, West Palm Beach, for appellee.
We accept the state’s concession that the trial court erred when it failed to grant appellant’s request for an instruction on the offense of battery as a permissive, lesser included offense. Accordingly, we reverse and remand this cause for a new trial.
REVERSED and REMANDED.
DELL, STONE and GROSS, JJ., concur.
669 So. 2d 350
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