Atkins v. State

Appellant, Archie Atkins, complains on appeal of the revocation of his probation based on his conviction of new substantive offenses. He also complains of his conviction of one of those substantive offenses — attempted aggravated battery on a law enforcement officer. As to the first issue, we find no error. The latter is, on the other hand, reviewable error as the crime of which he was convicted does not exist. Merritt v. State, 712 So.2d 384 (Fla. 1998). Furthermore, although defendant never objected to his conviction for this offense and even requested a jury instruction on this nonexistent…