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McGRIFF v. STATE

No. 87-1499.

526 So.2d 995 (1988)

James O. McGRIFF, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fourth District.

Rehearing Denied July 15, 1988.

Attorney(s) appearing for the Case

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...

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