Wright v. State

Full title: Calvin Bruce WRIGHT, Appellant, v. STATE of Florida, Appellee.

Court: District Court of Appeal of Florida, First District.

Date published: May 27, 2015

166 So. 3d 189 (Fla. Dist. Ct. App. 2015)

Opinion

No. 1D14–1507.

05-27-2015

Calvin Bruce WRIGHT, Appellant, v. STATE of Florida, Appellee.

Nancy A. Daniels, Public Defender, and Richard Summa, Assistant Public Defender, Tallahassee, for Appellant. Pamela Jo Bondi, Attorney General, and Angela Hensel, Assistant Attorney General, Tallahassee, for Appellee.

PER CURIAM.

Nancy A. Daniels, Public Defender, and Richard Summa, Assistant Public Defender, Tallahassee, for Appellant.

Pamela Jo Bondi, Attorney General, and Angela Hensel, Assistant Attorney General, Tallahassee, for Appellee.

Opinion

PER CURIAM.

AFFIRMED. See Johnson v. State, 695 So.2d 787, 788 (Fla. 1st DCA 1997) (“[F]ailure to instruct on necessarily lesser-included offenses (even category 1 lesser-included offenses) in a non-capital case is not fundamental error. To preserve such an error for appellate review, the defendant must request such an instruction and object to the trial court's refusal to give one.”).

BENTON, CLARK, and MAKAR, JJ., concur.