¶1The state correctly concedes error in K.A.’s conviction for assault as a permissive lesser-included offense to the charge of battery where the elements of the crime of assault have not been alleged. See State v. Von Deck, 607 So.2d 1388 (Fla.1992); B.S.W. v. State, 668 So.2d 1075 (Fla. 2d DCA 1996). We, accordingly, reverse K.A.’s conviction for assault and direct the trial court to enter a judgment of acquittal on the charge of battery.
761 So. 2d 349
K.A. v. State
District Court of Appeal of Florida
Decided March 8, 2000
District Court of Appeal of Florida · decided 2000-03-08
Cited by 11 later decisions — most recently June 2015
11 state decisions
Relies on State v. Von Deck · BSW v. State
Good law ✅— No negative treatment on recordhow we know
Decided 2000-03-08
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