Gallo v. State

ANSTEAD, Chief Judge.

We affirm appellant’s convictions and sentences. We hold that the trial court did not err in giving jury instructions on lesser included offenses pursuant to the belated but timely request of the state.

We recognize that the appellant requested that no such instructions be given and that he made a knowing and intelligent waiver of his right to have such instructions given. See Harris v. State, 438 So.2d 787 (Fla.1983), cert. denied, — U.S. -, 104 S.Ct. 2181, 80 L.Ed.2d 563 (1984), wherein the defendant’s waiver was held to preclude him from complaining on appeal of the…