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Florida District Courts of Appeal, 1988

McGriff v. State

McGriff v. State
Florida District Courts of Appeal · Decided June 8, 1988 · Downey, Letts, Stone
526 So. 2d 995; 13 Fla. L. Weekly 1360; 1988 Fla. App. LEXIS 2368; 1988 WL 56579 (Southern Reporter, Second Series)

McGriff v. State

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*996fore, 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.

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