K.A. v. State

Full title: K.A., a child, Appellant, v. STATE OF FLORIDA, Appellee

Court: District Court of Appeal of Florida, Fourth District

Date published: Mar 8, 2000

761 So. 2d 349 (Fla. Dist. Ct. App. 2000)

Opinion

No. 4D99-2631.

Opinion filed March 8, 2000.

Appeal from the Circuit Court for the Fifteenth Judicial Circuit, Palm Beach County; Karen Martin, Judge; L.T. No. CJ-98-9249 JL.

Richard L. Jorandby, Public Defender, and Karen E. Ehrlich, Assistant Public Defender, West Palm Beach, for appellant.

Robert A. Butterworth, Attorney General, Tallahassee, and Rajeev Saxena, Assistant Attorney General, West Palm Beach, for appellee.

PER CURIAM.

The state correctly concedes error in K.A.'s conviction for assault as a permissive lesser-included offense to the charge of battery where the elements of the crime of assault have not been alleged. See Von Deck v. State, 607 So.2d 1388 (Fla. 1992); B.S.W. v. State, 668 So.2d 1075 (Fla. 2d DCA 1996). We, accordingly, reverse K.A.'s conviction for assault and direct the trial court to enter a judgment of acquittal on the charge of battery.

STONE, FARMER, and SHAHOOD, JJ., concur.