¶1AFFIRMED. See Johnson v. State, 695 So.2d 787, 788 (Fla. 1st DCA 1997) (“[Fjailure 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.”).
166 So. 3d 189
Wright v. State
District Court of Appeal of Florida
Decided May 27, 2015
District Court of Appeal of Florida · decided 2015-05-27
Cited by 12 later decisions — most recently June 2018
12 state decisions
Relies on 695 So. 2d 787 - Johnson v. State
Good law ✅— No negative treatment on recordhow we know
Decided 2015-05-27
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