JONES v. STATE

No. 1D01-1315.

829 So.2d 351 (2002)

Nolan JONES, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, First District.

November 1, 2002.


Attorney(s) appearing for the Case

Nancy A. Daniels, Public Defender and Gary D. Wimsett, Jr., Assistant Public Defender, Tallahassee, for Appellant.

Robert A. Butterworth, Attorney General and Elizabeth Fletcher Duffy, Assistant Attorney General, Tallahassee, for Appellee.


PER CURIAM.

Nolan Jones challenges his conviction and sentence for burglary. We affirm finding it unnecessary to comment at length on Jones' claim that the trial court reversibly erred when it denied his request for a jury instruction on theft. Theft is neither a category 1 or category 2 lesser offense of burglary. Florida Standard Jury Instructions in Criminal Cases. Moreover, because the allegations contained in the charging pleading did not include the elements...

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