Range v. State

Appellant, Jerome Ardis Range, was charged by Information with battery on a police officer and after a bench trial was found guilty of assault and sentenced to time served. Appellant seeks reversal of his conviction because he was convicted of a crime which was not charged in the Information against him and which is not a lesser included offense of the crime which was charged. Appellee, State of Florida, acknowledges that the law in this district supports appellant’s position.

In K.H. v. State, 763 So.2d 1187, 1188 (Fla. 4th DCA 2000), the defendant was charged with aggravated battery and was…