Heath v. State

District Court of Appeal of Florida

Heath v. State

426 So. 2d 1106, 1983 Fla. App. LEXIS 27729

CourtDistrict Court of Appeal of Florida

DecidedFebruary 1, 1983

DocketNo. 82-1036

StatusPublished

Cited by1 cases

This text of 426 So. 2d 1106 (Heath v. State) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Heath v. State, 426 So. 2d 1106, 1983 Fla. App. LEXIS 27729 (Fla. Ct. App. 1983).

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Opinion

PER CURIAM.

The defendant’s concession at the charge conference that the offense for which he was convicted was a lesser-included offense of the offense charged waived his right to assert on appeal that the jury should not have been instructed on the lesser-included offense, and his objection on the completely separate and totally unmeritorious ground that the trial court is not empowered to instruct on any lesser-included offenses unless requested by the defendant hardly preserves the point for our review. State v. Washington, 268 So.2d 901 (Fla.1972); Courson v. State, 414 So.2d 207 (Fla. 3d DCA 1982).

Affirmed.

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PER CURIAM.

The defendant’s concession at the charge conference that the offense for which he was convicted was a lesser-included offense of the offense charged waived his right to assert on appeal that the jury should not have been instructed on the lesser-included offense, and his objection on the completely separate and totally unmeritorious ground that the trial court is not empowered to instruct on any lesser-included offenses unless requested by the defendant hardly preserves the point for our review. State v. Washington, 268 So.2d 901 (Fla.1972); Courson v. State, 414 So.2d 207 (Fla. 3d DCA 1982).

Affirmed.

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Bluebook (online)

426 So. 2d 1106, 1983 Fla. App. LEXIS 27729, Counsel Stack Legal Research, https://law.counselstack.com/opinion/heath-v-state-fladistctapp-1983.

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