Spence v. State

KELLY, Judge.

William Spence was convicted of the offenses of driving while license is permanently revoked (habitual offender), fleeing or eluding, resisting arrest without violence, refusal to submit to testing, and leaving the scene of a crash involving property damage. He argues that he is entitled to a new trial on the driving with a revoked license 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…