Edmunson v. State

Full title: Ronald EDMUNSON, Appellant, v. STATE of Florida, Appellee

Court: District Court of Appeal of Florida, Fifth District

Date published: Apr 28, 2006

927 So. 2d 204 (Fla. Dist. Ct. App. 2006)

Opinion

No. 5D05-131.

April 28, 2006.

Appeal from the Circuit Court for Brevard County, Lisa Davidson, Judge.

James S. Purdy, Public Defender, and Rose M. Levering, Assistant Public Defender, Daytona Beach, for Appellant.

Charles J. Crist, Jr., Attorney General, Tallahassee, and Rebecca Roark Wall, Assistant Attorney General, Daytona Beach, for Appellee.

PER CURIAM.

AFFIRMED. See State v. Espinosa, 686 So.2d 1345, 1348-49 (Fla. 1996) (holding a defendant who requests an instruction on a lesser-included offense cannot contest the sufficiency of the evidence on the lesser-included offense when sufficient evidence exists to convict the defendant for the greater offense).

THOMPSON, GRIFFIN and ORFINGER, JJ., concur.