Thomas v. State

DAUKSCH, Judge.

This is an appeal from a sexual battery conviction. It was not reversible error for the trial judge to refuse to give certain jury instructions because the requested lesser included offense instructions involved crimes two steps removed from the crime charged and the appellant was convicted as charged. State v. Abreau, 363 So.2d 1063 (Fla.1978). There is some doubt, in any event, whether the prosecutor’s charge against appellant would support the aggravated assault and aggravated battery lesser included offense requested instructions. See Harrielson v. State, 441 So.2d 691…