Legal Opinion

Raines v. State

District Court of Appeal of Florida

Decided June 30, 1992No. 92-647Published

1Per curiam

Defendant Curtis Lovett Raines appeals his conviction for burglary with an assault. We conclude, first, that there was suffi*48cient evidence to support the conviction of defendant of that offense. See Hernandez v. State, 569 So.2d 938 (Fla. 3d DCA 1990); McKnight v. State, 564 So.2d 159 (Fla. 3d DCA 1990). Second, it was permissible for the trial court to charge the jury on the instant offense, as it was a lesser included offense of the main charge, burglary with an assault or battery with a handgun. See State v. Johnson, 601 So.2d 219 (Fla. May 28, 1992) (State entitled to instruction on…

2Cases cited3 opinions

  1. State v. JohnsonSupreme Court of Florida · 1992
  2. Hernandez v. StateDistrict Court of Appeal of Florida · 1990
  3. McKnight v. StateDistrict Court of Appeal of Florida · 1990

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