Eaves v. State

Appellant, defendant below, appeals his conviction and sentence for involuntary sexual battery. He raises three points on appeal, the following point being meritorious:

Whether the trial court erred in refusing to give appellant’s requested instruction on the lesser included offenses of involuntary sexual battery.

After reviewing carefully the record, briefs and arguments of counsel, it is our opinion that, based upon the facts of this case, the trial judge should have given the lesser included offenses of involuntary sexual battery in his instruction to the jury, i. e., assault, assault with…