Koch v. State

NORTHCUTT, Judge.

A jury convicted Chad Koch of fleeing and eluding a police officer, a third-degree felony. § 316.1935(2), Fla. Stat. (2007). Koch contends that the evidence was insufficient to convict him. He argues in the alternative that the trial court erred by refusing to instruct the jury on a lesser included offense. Koch’s first position has no merit, and we reject it without further discussion. But we conclude that he was entitled to an instruction on the lesser included offense. We therefore reverse his conviction and remand for a new trial.

At trial two law enforcement officers…