GREGG v. STATE

No. 97-2145.

724 So.2d 158 (1998)

Larry Lee GREGG, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fifth District.

Rehearing Denied January 20, 1999.


Attorney(s) appearing for the Case

James M. Russ of Law Offices of James M. Russ, P.A., and Terrence E. Kehoe of Law Offices of Terrence E. Kehoe, Orlando, for Appellant.

Robert A. Butterworth, Attorney General, Tallahassee, and Kristen L. Davenport, Assistant Attorney General, Daytona Beach, for Appellee.


COBB, J.

The appellant, Larry Lee Gregg, was convicted of an attempt to commit a lewd act upon a child. Since the information upon which he was tried alleged the completed act and did not separately allege the lesser included offense of attempt, Gregg contends on appeal that he was improperly convicted of a crime with which he was not charged. He argues that attempt has been classified by the Florida Supreme Court as a permissive lesser included offense, and since...

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