Raines v. State

600 So. 2d 47, 1992 Fla. App. LEXIS 7731, 1992 WL 147147

Opinion

PER CURIAM.

Defendant Curtis Lovett Raines appeals his conviction for burglary with an assault. We conclude, first, that there was sufficient evidence to support the conviction of defendant of that offense. See Hernandez v. State, 569 So.2d 938 (Fla. 3d DCA 1990); McKnight v. State, 564 So.2d 159 (Fla. 3d DCA 1990). Second, it was permissible for the trial court to charge the jury on the instant offense, as it was a lesser included offense of the main charge, burglary with an assault or battery with a handgun. See State v. Johnson, 601 So.2d 219 (Fla. May 28, 1992) (State entitled to instruction on necessarily and permissive lesser included offenses providing the evidence supports the charges).

Affirmed.