Downey v. State

DAUKSCH, Judge.

This is an appeal from convictions and sentences for kidnapping and sexual battery. Appellant contends on appeal that the trial court erred by instructing the jury on a lesser offense. He was charged with *793sexual battery with force likely to cause serious injury in violation of section 794.-011(3), Florida Statutes (1989). Based upon the erroneous jury instruction he was convicted of a lesser sexual battery by threat to use force or violence likely to cause serious injury in violation of section 794.-011(4)(b), Florida Statutes (1989). Because the allegations contained in the…