Outcome n/a Florida 2015

Calvin Bruce WRIGHT, Appellant, v. STATE of Florida, Appellee

Florida District Court of Appeal · May 27, 2015 · Docket No. 1D14-1507

166 So. 3d 189

Syllabus

Calvin Bruce WRIGHT, Appellant, v. STATE of Florida, Appellee. No. 1D14-1507. District Court of Appeal of Florida, First District. May 27, 2015. Rehearing Denied July 6, 2015. Nancy A. Daniels, Public Defender, and Richard Summa, Assistant Public Defender, Tallahassee, for Appellant. Pamela Jo Bondi, Attorney General, and Angela Hensel, Assistant Attorney General, Tallahassee, for Appellee.

Full Opinion (426 characters)

PER CURIAM.
AFFIRMED. See Johnson v. State, 695 So.2d 787, 788 (Fla. 1st DCA 1997) (“[Fjailure to instruct on necessarily lesser-included offenses (even category 1 lesser-included offenses) in a non-capital case is not fundamental error. To preserve such an error for appellate review, the defendant must request such an instruction and object to the trial court’s refusal to give one.”).
BENTON, CLARK, and MAKAR, JJ„ concur.

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