Tolbert v. State

474 So.2d 5 (1985)

Theodis TOLBERT, Appellant,

v.

The STATE of Florida, Appellee.

No. 84-1137.

District Court of Appeal of Florida, Third District.

July 30, 1985.

Bennett H. Brummer, Public Defender and Henry H. Harnage, Asst. Public Defender, for appellant.

Jim Smith, Atty. Gen. and Calianne P. Lantz, Asst. Atty. Gen., for appellee.

Before SCHWARTZ, C.J., and HENDRY and DANIEL S. PEARSON, JJ.

We reverse the defendant's conviction for aggravated battery upon a holding that where, as here, the defendant was charged with sexual battery, the not-necessarily-included offense of aggravated battery is a…