Florida District Courts of Appeal, 1983

Heath v. State

Florida District Courts of Appeal · Decided February 1, 1983 · Baskin, Hubbart, Pearson

426 So. 2d 1106; 1983 Fla. App. LEXIS 27729 (Southern Reporter, Second Series)

Cases that cite this one

1 later published case cites this decision.

Gonzalez-Goenaga v. Gonzalez (Fla. Dist. Ct. App. 1983)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

PER CURIAM.

The defendant’s concession at the charge conference that the offense for which he was convicted was a lesser-included offense of the offense charged waived his right to assert on appeal that the jury should not have been instructed on the lesser-included offense, and his objection on the completely separate and totally unmeritorious ground that the trial court is not empowered to instruct on any lesser-included offenses unless requested by the defendant hardly preserves the point for our review. State v. Washington, 268 So.2d 901 (Fla. 1972); Courson v. State, 414 So.2d 207 (Fla. 3d DCA 1982).

Affirmed.

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