Fogel v. State

Full title: SAM FOGEL, APPELLANT, v. STATE OF FLORIDA, APPELLEE

Court: District Court of Appeal of Florida, Fourth District

Date published: Nov 23, 1983

440 So. 2d 422 (Fla. Dist. Ct. App. 1983)

Opinion

No. 82-1008.

October 19, 1983. Rehearing Denied November 23, 1983.

Appeal from Circuit Court, Broward County; John G. Ferris, Judge.

Richard Hersch of Law Offices of Richard Hersch, Miami, for appellant.

Jim Smith, Atty. Gen., Tallahassee, and Sharon Lee Stedman, Asst. Atty. Gen., West Palm Beach, for appellee.

PER CURIAM.

We affirm the appellant's convictions. We find no error by the trial court in admitting appellant's statements or in admitting evidence of appellant's prior assault upon the victim. We also find no error by the trial court in refusing to instruct the jury on the penalties for lesser included offenses. Delap v. State, 440 So.2d 1242 (Fla. 1983).

ANSTEAD, C.J., and BERANEK and HURLEY, JJ., concur.