SAUNDERS v. STATE

No. 80-874.

405 So.2d 1037 (1981)

Mickey SAUNDERS, Appellant, v. The STATE of Florida, Appellee.

District Court of Appeal of Florida, Third District.

November 10, 1981.


Attorney(s) appearing for the Case

Bennett H. Brummer, Public Defender, and Stuart H. Gitlitz, Sp. Asst. Public Defender, for appellant.

Jim Smith, Atty. Gen., and Calvin L. Fox, Asst. Atty. Gen., for appellee.

Before BASKIN, DANIEL S. PEARSON and FERGUSON, JJ.


BASKIN, Judge.

Because we discern no fundamental error in the trial court's instructions to the jury, we affirm defendant Saunders' convictions for burglary of a structure and battery. The information alleged that during the burglary Saunders assaulted Neil Christiansen by "striking him about the head and body." Initially, and without objection by defense counsel, the court gave no instruction on the element of assault, but subsequently, in response to a request by...

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