Opinion
Case No. 4D99-1249
Opinion filed September 13, 2000 Rehearing Denied October 25, 2000 July Term 2000
Appeal from the Circuit Court for the Seventeenth Judicial Circuit, Broward County; Royce Agner, Judge; L.T. Case No. 98-21138CF10A.
Richard L. Jorandby, Public Defender, and Louis G. Carres, Assistant Public Defender, West Palm Beach, for appellant.
Robert A. Butterworth, Attorney General, Tallahassee, and Marrett W. Hanna, Assistant Attorney General, West Palm Beach, for appellee.
We affirm appellant's conviction and sentence. Any error which may have been occasioned by the court's failure to include the word "knowingly" when instructing the jury on the elements of appellant's offense was not presented by a contemporaneous request for such inclusion, nor any objection once the instruction was given. See Lawson v. State, 552 So.2d 257 (Fla. 4th DCA 1989).
Appellant was convicted of committing a lewd and lascivious act in the presence of a child, his 12-year old daughter, section 800.04(4), Florida Statutes (1997).
POLEN, FARMER and SHAHOOD, JJ., concur.