Donald Vernon Kelley v. State of Florida

BEVERLY, THOMAS M.,

Associate . Judge.

Among a bevy of other offenses, the State charged Appellant with Lewd or Lascivious Battery (victim 12 or older, but less than 16) and two counts of Lewd or Lascivious Conduct (victim under 16). At trial, Appellant requested .the court instruct the jury on the permissive lesser-included offense of Unnatural and Lascivious Act (Unnatural). The court declined; and it did not instruct the jury on any other lesser-included offense. Because the State’s charging document alleged the statutory elements of the permissive lesser-included offense and the court did…