T.L.G. v. State

District Court of Appeal of Florida

T.L.G. v. State

648 So. 2d 1248, 1995 Fla. App. LEXIS 1265, 1995 WL 19620

CourtDistrict Court of Appeal of Florida

DecidedJanuary 20, 1995

DocketNo. 94-1255

StatusPublished

This text of 648 So. 2d 1248 (T.L.G. 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

T.L.G. v. State, 648 So. 2d 1248, 1995 Fla. App. LEXIS 1265, 1995 WL 19620 (Fla. Ct. App. 1995).

Pincite

Opinions

PER CURIAM.

T.L.G. was charged with battery, but was found guilty of disorderly conduct because the circuit court mistakenly believed that the latter crime under section 877.03, Florida Statutes, was a lesser included offense of battery. D.L. v. State, 491 So.2d 1243 (Fla. 2d DCA 1986).

The state argues that, notwithstanding the court’s misunderstanding, the defense waived the error by failing to object to the disposition of the case. While the defense could have been more assertive in objecting when the trial court determined that disorderly conduct is a lesser included offense of battery, there was no waiver of the error. When asked by the court whether disorderly [1249]*1249conduct was a lesser included offense, the defense responded that the standard criminal jury instructions did not include any lesser offenses of battery and that it was “not listed as a category one or a category two [lesser offense].” We find that the defense’s response to the court was sufficient to preserve the error. This was not a situation where the defense played a significant role in the erroneous ruling, failed to object to an erroneous jury instruction, or applied a strategy that might have inured to the defendant’s benefit. In Interest of E.W., 616 So.2d 1194 (Fla. 4th DCA 1993).

The order withholding adjudication and placing T.L.G. on community control is quashed.

ORDER QUASHED.

PETERSON and THOMPSON, JJ., concur. DAUKSCH, J., concurs specially with opinion.

Free access — add to your briefcase to read the full text and ask questions with AI

PER CURIAM.

T.L.G. was charged with battery, but was found guilty of disorderly conduct because the circuit court mistakenly believed that the latter crime under section 877.03, Florida Statutes, was a lesser included offense of battery. D.L. v. State, 491 So.2d 1243 (Fla. 2d DCA 1986).

The state argues that, notwithstanding the court’s misunderstanding, the defense waived the error by failing to object to the disposition of the case. While the defense could have been more assertive in objecting when the trial court determined that disorderly conduct is a lesser included offense of battery, there was no waiver of the error. When asked by the court whether disorderly [1249]*1249conduct was a lesser included offense, the defense responded that the standard criminal jury instructions did not include any lesser offenses of battery and that it was “not listed as a category one or a category two [lesser offense].” We find that the defense’s response to the court was sufficient to preserve the error. This was not a situation where the defense played a significant role in the erroneous ruling, failed to object to an erroneous jury instruction, or applied a strategy that might have inured to the defendant’s benefit. In Interest of E.W., 616 So.2d 1194 (Fla. 4th DCA 1993).

The order withholding adjudication and placing T.L.G. on community control is quashed.

ORDER QUASHED.

PETERSON and THOMPSON, JJ., concur. DAUKSCH, J., concurs specially with opinion.

Cite This Page — Counsel Stack

Bluebook (online)

648 So. 2d 1248, 1995 Fla. App. LEXIS 1265, 1995 WL 19620, Counsel Stack Legal Research, https://law.counselstack.com/opinion/tlg-v-state-fladistctapp-1995.

Opinions

Related

Cite This Page — Counsel Stack