Allen v. State
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The Supreme Court approved the decision of the First District Court of Appeal affirming Defendant's conviction of of three counts of sexual battery and one count of lewd or lascivious exhibition, holding that the schedule of lesser included offenses promulgated by the Florida Supreme Court in 2018 incorrectly classified sexual battery as a necessarily lesser included offense of capital sexual battery.
On appeal, Defendant argued that the trial court erred in denying his motion to instruct the jury on sexual battery as a category one, necessarily lesser included offense of capital sexual battery. The First District affirmed. The Supreme Court affirmed, holding that sexual battery is not a necessarily lesser included offense of capital sexual battery.
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