McGriff v. State

526 So. 2d 995, 13 Fla. L. Weekly 1360, 1988 Fla. App. LEXIS 2368, 1988 WL 56579
District Court of Appeal of Florida·Decided June 8, 1988·No. No. 87-1499·Published·Cited by 2 cases

Opinion

PER CURIAM.

AFFIRMED. The information charging the defendant with sexual battery and the evidence presented at trial do not support an instruction on lewd and lascivious conduct as a lesser included offense. There[996]*996fore, the failure to give such an instruction was not error. See State v. Hightower, 509 So.2d 1078, 1078 n. 2 (Fla.1987); Walker v. State, 464 So.2d 1325 (Fla. 5th DCA 1985); Harrielson v. State, 441 So.2d 691 (Fla. 5th DCA 1983).

DOWNEY, LETTS and STONE, JJ., concur.

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McGriff v. State, 526 So. 2d 995, 13 Fla. L. Weekly 1360, 1988 Fla. App. LEXIS 2368, 1988 WL 56579 (Fla. Ct. App. 1988).

526 So. 2d 995 (McGriff v. State) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

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