HEATH v. STATE

No. 82-1036.

426 So.2d 1106 (1983)

Winston Leslie HEATH, Appellant, v. The STATE of Florida, Appellee.

District Court of Appeal of Florida, Third District.

Rehearing Denied March 9, 1983.


Attorney(s) appearing for the Case

Bennett H. Brummer, Public Defender and Jeffrey Schwarz, Sp. Asst. Public Defender, for appellant.

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

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


PER CURIAM.

The defendant's concession at the charge conference that the offense for which he was convicted was a lesser-included offense of the offense charged waived his right to assert on appeal that the jury should not have been instructed on the lesser-included offense, and his objection on the completely separate and totally unmeritorious ground that the trial court is not empowered to instruct on any lesser-included offenses unless requested by the defendant...

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