McGriff v. State

Full title: JAMES O. McGRIFF, APPELLANT, v. STATE OF FLORIDA, APPELLEE

Court: District Court of Appeal of Florida, Fourth District

Date published: Jul 15, 1988

526 So. 2d 995 (Fla. Dist. Ct. App. 1988)

Opinion

No. 87-1499.

June 8, 1988. Rehearing Denied July 15, 1988.

Appeal from the Circuit Court for Palm Beach County; Edward Fine, Judge.

Richard L. Jorandby, Public Defender, and Mark A. Jones, Asst. Public Defender, West Palm Beach, for appellant.

Robert A. Butterworth, Atty. Gen., Tallahassee, and Alfonso M. Saldana, Asst. Atty. Gen., West Palm Beach, for appellee.

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.