Legal Opinion

Osorio v. State

District Court of Appeal of Florida

Decided September 13, 2000No. 4D99-1249Published

1Per curiam

We affirm appellant’s conviction and sentence. Any error which may have been occasioned by the court’s failure to include the word “knowingly” when instructing the jury on the elements of appellant’s offense1 was not presented by a contemporaneous request for such inclusion, nor any objection once the instruction was given. See Lawson v. State, 552 So.2d 257 (Fla. 4th DCA 1989).

POLEN, FARMER and SHAHOOD, JJ., concur.. Appellant was convicted 'of committing a lewd and lascivious act in the presence of a child, his 12-year old daughter, section 800.04(4), Florida Statutes (1997).

2Cases cited1 opinion

  1. Lawson v. StateDistrict Court of Appeal of Florida · 1989