Opinion
Nos. 78-2109/T4-227, 78-2245/T4-227A.
April 23, 1980.
Appeal from the Circuit Court for Orange County, W. Rogers Turner, J.
Richard L. Jorandby, Public Defender, and Jon May, Asst. Public Defender, West Palm Beach, for appellant.
Jim Smith, Atty. Gen., Tallahassee, and Gregory C. Smith, Asst. Atty. Gen., Daytona Beach, for appellee.
Appellant asks us to decide the question of whether the charge of grand theft includes the charge of filing a false and fraudulent claim as a lesser included offense under the facts of this case. We are prepared to answer that question but cannot because the question was never presented to the trial court for its ruling. For us to rule upon a question not presented to the trial judge would be unfair to that judge and against the ruling in State v. Barber, 301 So.2d 7 (Fla. 1974).
Section 812.014, Fla. Stat. (1979).
Section 627.7375(1)(a), Fla. Stat. (1977).
See Brown v. State, 206 So.2d 377 (Fla. 1968), Category 4.
AFFIRMED.
SHARP, J., and SHARP, G.K., Associate Judge, concur.