JAMES O. MCGRIFF, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
JAMES O. MCGRIFF, APPELLANT,
STATE OF FLORIDA, APPELLEE
526 So. 2d 995
Florida District Court of Appeal, Fourth District (1988)
Positive Treatment
Cited by 4 cases
Opinion of the Court
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 fore, 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.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Welsh v. State, 850 So. 2d 467 (Fla. 2003)…and lascivious act on a child less than 12 for conduct that also constitutes the offense of sexual battery. See 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 302, 305 n. 7 (Fla. 5th DCA 1995) (on reh’g); King v. State, 642 So. 2d 649 (Fla. 2d DCA 1994); and Kolaric…
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Welsh v. State, 816 So. 2d 175 (Fla. 1st DCA 2002)…and lascivious act on a child less than 12 for conduct that also constitutes the offense of sexual battery. See 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 302, 305 n. 7 (Fla. 5th DCA 1995) (on reh’g); King v. State, 642 So. 2d 649 (Fla. 2d DCA 1994); and Kolaric…
Authorities Cited
- State v. Hightower, 509 So. 2d 1078 (Fla. 1987)
- Harrielson v. State, 441 So. 2d 691 (Fla. 5th DCA 1983)
- Isiah Walker v. State, 464 So. 2d 1325 (Fla. 5th DCA 1985)