McGriff v. State

526 So. 2d 995 | Fla. Dist. Ct. App. | 1988

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. 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).

DOWNEY, LETTS and STONE, JJ., concur.

Case Details

Case Name: McGriff v. State

Court Name: District Court of Appeal of Florida

Date Published: Jun 8, 1988

Citation: 526 So. 2d 995

Docket Number: No. 87-1499

Court Abbreviation: Fla. Dist. Ct. App.