Wright v. State

166 So. 3d 189, 2015 Fla. App. LEXIS 8047, 2015 WL 3397146
Procedural entryThis page is a short order in Wright v. State. Read the opinion of the Court — 2012 Fla. App. LEXIS 15743
District Court of Appeal of Florida·Decided May 27, 2015·No. No. 1D14-1507·Published

Opinion

PER CURIAM.

AFFIRMED. See Johnson v. State, 695 So.2d 787, 788 (Fla. 1st DCA 1997) (“[Fjailure to instruct on necessarily lesser-included offenses (even category 1 lesser-included offenses) in a non-capital case is not fundamental error. To preserve such an error for appellate review, the defendant must request such an instruction and object to the trial court’s refusal to give one.”).

BENTON, CLARK, and MAKAR, JJ„ concur.

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Wright v. State, 166 So. 3d 189, 2015 Fla. App. LEXIS 8047, 2015 WL 3397146 (Fla. Ct. App. 2015).

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Related

Johnson v. State
695 So. 2d 787 (District Court of Appeal of Florida, 1997)