Funiciello v. State

PALMER,, J.

Italo Funiciello (the defendant) appeals his convictions' on two counts of lewd or lascivious battery. Determining that the trial court erred in failing to give a requested jury instruction on a permissive lesser-ineluded offense, we reverse.

The defendant was charged with two counts of lewd or lascivious battery.1 The matter proceeded to trial, before a jury, and the jury found the defendant , guilty as charged. The trial court entered judgment in accordance with the jury’s verdict, and then sentenced the defendant to consecutive terms of eight years’ imprisonment. This appeal…