McGriff v. State, 526 So. 2d 995

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

Citations: 526 So. 2d 995; 13 Fla. L. Weekly 1360; 1988 WL 56579; 1988 Fla. App. LEXIS 2368; No. 87-1499

Docket Number: No. 87-1499

Court Abbreviation: Fla. Dist. Ct. App.