Williams v. State

ZEHMER, Judge.

Todd Marcus Williams appeals a judgment and sentence adjudicating him guilty of two counts of battery of a law enforcement officer and sentencing him as a habitual felony offender to 4V2 years’ incarceration. Because the trial court failed to instruct the jury on simple battery, we reverse.

The trial court refused to give the requested instruction on simple battery because Williams had not presented any evidence that the persons he allegedly battered were not law enforcement officers. In State v. Wimberly, 498 So.2d 929 (Fla. 1986), the supreme court held that simple battery is a…