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GALLO v. STATE

No. 84-1618.

472 So.2d 491 (1985)

Vincent Francis GALLO, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fourth District.

Rehearing Denied July 31, 1985.

Attorney(s) appearing for the Case

John C. Rayson of Sherman & Rayson, Fort Lauderdale, for appellant.

Jim Smith, Atty. Gen., Tallahassee, Robert S. Jaegers and Gregory C. Smith, Asst. Attys. Gen., West Palm Beach, for appellee.

ANSTEAD, Chief Judge.

We affirm appellant's convictions and sentences. We hold that the trial court did not err in giving jury instructions on lesser included offenses pursuant to the belated but timely request of the state.

We recognize that the appellant requested that no such instructions be given and that he made a knowing and intelligent waiver of his right to have such instructions given. See Harris v. State, 438 So.2d 787

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