Clarke v. State

Defendant, James Clinton Clarke, appeals his conviction and sentence for aggravated assault on a law enforcement officer, as well as the trial court’s order requiring Clarke to make restitution. For the following reasons, we reverse that conviction and vacate the restitution order.

Rule of Criminal Procedure 3.510(b) allows a jury to find a defendant guilty of the offense charged or any offense which, as a matter of law, is a necessarily included, or lesser included offense of the offense charged, if supported by the evidence. Permissive lesser included offenses are those offenses which may or…