Spence v. State

KELLY, Judge.

William Spence was convicted of various offenses but on appeal he challenges only his conviction for driving while his license was permanently revoked, in violation of section 322.341, Florida Statutes (2010). He argues that he is entitled to a new trial on this charge because the trial court failed to give a jury instruction on the necessarily included lesser offense of no valid driver’s license. We agree.

A trial court commits reversible error when it fails to give a jury instruction on a necessarily included lesser offense when the defendant requests it. See Hagood v. State,…