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PEREZ v. STATE

No. 5D06-1315.

966 So.2d 22 (2007)

Ralph Xavier PEREZ, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fifth District.

Rehearing Denied October 5, 2007.

Attorney(s) appearing for the Case

John C. Allen, Jr., Ormond Beach, for Appellant.

Bill McCollum, Attorney General, Tallahassee, and Lori N. Hagan, Assistant Attorney General, Daytona Beach, for Appellee.

PER CURIAM.

AFFIRMED. See Sanders v. State, 946 So.2d 953, 959-60 (Fla.2006) ("[A]ny finding of prejudice resulting from defense counsel's failure to request an instruction on lesser-included offenses necessarily would be based on a faulty premise: that a reasonable probability exists that, if given the choice, a jury would violate its oath, disregard the law, and ignore the trial court's instructions."); Cottle v. State...

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