Jones v. State

The single issue on appeal in this case is whether the trial court reversibly erred in denying defense counsel’s request for an instruction on battery as a lesser included offense of the charge of battery on a law enforcement officer. We agree that denial of the requested instruction was reversible error, and reverse the conviction of battery on a law enforcement officer.

Appellant, Mark Jones, was charged with one count of battery on a law enforcement officer, and on a second count with resisting a correctional officer with violence. He was convicted by a jury of the Count One offense of…