McGriff v. State, 87-1499
| Decision Date | 08 June 1988 |
| Docket Number | No. 87-1499,87-1499 |
| Citation | 526 So.2d 995,13 Fla. L. Weekly 1360 |
| Parties | 13 Fla. L. Weekly 1360 James O. McGRIFF, Appellant, v. STATE of Florida, Appellee. |
| Court | Florida District Court of Appeals |
Appeal from the Circuit Court for Palm Beach County; Edward Fine, Judge.
Richard L. Jorandby, Public Defender, and Mark A. Jones, Asst. Public Defender, West Palm Beach, for appellant.
Robert A. Butterworth, Atty. Gen., Tallahassee, and Alfonso M. Saldana, Asst. Atty. Gen., West Palm Beach, for appellee.
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. Therefore, 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).
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...Jozens v. State, 649 So.2d 322, 323 (Fla. 1st DCA 1995). Accord State v. Robinson, 771 So.2d 1256 (Fla. 3d DCA 2000); McGriff v. State, 526 So.2d 995 (Fla. 4th DCA 1988); Walker v. State, 464 So.2d 1325 (Fla. 5th DCA 1985). The appellant, however, relying on Velazquez v. State, 648 So.2d 30......
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Welsh v. State, 1D01-648.
...Jozens v. State, 649 So.2d 322, 323 (Fla. 1st DCA 1995). Accord State v. Robinson, 771 So.2d 1256 (Fla. 3d DCA 2000); McGriff v. State, 526 So.2d 995 (Fla. 4th DCA 1988); Walker v. State, 464 So.2d 1325 (Fla. 5th DCA 1985). The appellant, however, relying on Velazquez v. State, 648 So.2d 30......