Florida District Courts of Appeal, 2010

P.W. v. State

P.W. v. State
Florida District Courts of Appeal · Decided November 17, 2010 · Davis, Hawkes, Thomas
46 So. 3d 1231; 2010 Fla. App. LEXIS 17640; 2010 WL 4629003 (Southern Reporter, Third Series)

P.W. v. State

Opinion of the Court

PER CURIAM.

The State correctly concedes error in P.W.’s conviction for assault as a permissive lesser-included offense to the charge of battery where the elements of the crime of assault were not alleged. N.H.M. v. State, 974 So.2d 484, 486 (Fla. 2d DCA 2008); Negron v. State, 938 So.2d 650, 651-52 (Fla. 4th DCA 2006). We, therefore, reverse P.W.’s conviction for assault and direct the trial court to enter a judgment of acquittal on the charge of battery.

HAWKES, C.J., DAVIS and THOMAS, JJ., concur.

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