K.A. v. State

The 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.

STONE, FARMER, and SHAHOOD, JJ., concur.