Florida District Courts of Appeal, 2000

K.A. v. State

K.A. v. State
Florida District Courts of Appeal · Decided March 8, 2000 · Farmer, Shahood, Stone
761 So. 2d 349; 2000 Fla. App. LEXIS 2287; 2000 WL 257172 (Southern Reporter, Second Series)
K.A. v. State

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Opinion of the Court

PER CURIAM.

The state correctly concedes error in K.A.’s conviction for assault as a permissive lesser-included offense to the charge of battery where the elements of the crime of assault have not been alleged. See State v. Von Deck, 607 So.2d 1388 (Fla. 1992); B.S.W. v. State, 668 So.2d 1075 (Fla. 2d DCA 1996). We, accordingly, reverse K.A.’s conviction for assault and direct the trial court to enter a judgment of acquittal on the charge of battery.

STONE, FARMER, and SHAHOOD, JJ., concur.

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