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T.L.G. v. STATE

No. 94-1255.

648 So.2d 1248 (1995)

T.L.G., a Child, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fifth District.

January 20, 1995.

Attorney(s) appearing for the Case

James B. Gibson, Public Defender, and Daniel P. Schafer, Asst. Public Defender, Daytona Beach, for appellant.

Robert A. Butterworth, Atty. Gen., Tallahassee, and Kristen L. Davenport, Asst. Atty. Gen., Daytona Beach, for appellee.

PER CURIAM.

T.L.G. was charged with battery, but was found guilty of disorderly conduct because the circuit court mistakenly believed that the latter crime under section 877.03, Florida Statutes, was a lesser included offense of battery. D.L. v. State, 491 So.2d 1243 (Fla. 2d DCA 1986).

The state argues that, notwithstanding the court's misunderstanding, the defense waived the error by failing to object to the disposition...

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