FAWCETT v. STATE

No. 91-1192.

595 So.2d 1105 (1992)

Lonnie Christopher FAWCETT, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fifth District.

March 27, 1992.


Attorney(s) appearing for the Case

James B. Gibson, Public Defender, and Brynn Newton, Asst. Public Defender, Daytona Beach, for appellant.

Robert A. Butterworth, Atty. Gen., Tallahassee, and John W. Foster, Jr., Asst. Atty. Gen., Daytona Beach, for appellee.


PER CURIAM.

The defendant was charged with a criminal offense. The charging document contained allegations of the essential facts (elements) of the main offense and also additional allegations of facts constituting elements of a permissive lesser included offense.1 At trial the State requested the judge charge the jury on, and submit a verdict alternative as to, the permissive lesser included offense. The defendant objected. The court...

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