Reggie Eugene Allen v. State of Florida

Summary

The court answered the certified question affirmatively, holding that sexual battery is not a necessarily lesser included offense of capital sexual battery because the offenses require mutually exclusive victim ages. It also held that sexual battery could not be a permissive lesser included offense for count I, but that giving the instruction for count III was permissible because the charged period included a time when the victim may have been twelve. The court approved the First District's decision. Justice Labarga filed a concurrence emphasizing that an age dispute would entitle a defendant to a permissive lesser included offense instruction.