526 So. 2d 995

James O. McGRIFF, Appellant, v. STATE of Florida, Appellee.

No. 87-1499.

District Court of Appeal of Florida, Fourth District.

June 8, 1988.

Rehearing Denied July 15, 1988.

Richard L. Jorandby, Public Defender, and Mark A. Jones, Asst. Public Defender, West Palm Beach, for appellant.

Robert A. Butterworth, Atty. Gen., Tallahassee, and Alfonso M. Saldana, Asst. Atty. Gen., West Palm Beach, for appellee.

PER CURIAM.

AFFIRMED. The information charging the defendant with sexual battery and the evidence presented at trial do not support an instruction on lewd and lascivious conduct as a lesser included offense. There*996fore, the failure to give such an instruction was not error. See State v. Hightower, 509 So.2d 1078, 1078 n. 2 (Fla.1987); Walker v. State, 464 So.2d 1325 (Fla. 5th DCA 1985); Harrielson v. State, 441 So.2d 691 (Fla. 5th DCA 1983).

DOWNEY, LETTS and STONE, JJ., concur.

McGriff v. State
526 So. 2d 995

Case Details

Name
McGriff v. State
Decision Date
Jun 8, 1988
Citations

526 So. 2d 995

Jurisdiction
Florida

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