Hicks v. State

HARRIS, Judge.

Marcos Hicks was convicted of kidnapping, robbery, and two counts of sexual battery with a deadly weapon. The only issue on appeal that we believe merits discussion is the court’s failure to give a necessarily included lesser offense instruction.

The information charged (in relation to the sexual battery counts) that Hicks “in the process thereof used or threatened to use a deadly weapon, to wit: A KNIFE.” The victim testified that indeed a knife was displayed throughout the incident and that at some point she was cut on the hand when she tried to move the knife away from her.

The…