Legal Opinion · Concurring in part, dissenting in part

Wong v. State

District Court of Appeal of Florida

Decided September 11, 2015No. 2D14-646Published

1Concurring in part, dissenting in partWallace, Judge

The record shows that defense counsel requested an instruction on the lesser in-*1127eluded offense of unnatural and lascivious act, the trial court understood the request, and the trial court denied the request. For this reason, I conclude that the issue of the trial court’s refusal to give the requested instruction — which the State properly concedes was error — was preserved for appellate review. I .agree with the majority that Wong’s second issue regarding the introduction of collateral crimes evidence is without merit. Accordingly, I concur in part and dissent in part.

I. DISCUSSION

A. Wong was…

2Cases cited28 opinions

  1. Brown v. StateSupreme Court of Florida · 1968
  2. State v. DelvaSupreme Court of Florida · 1991
  3. Amado v. StateSupreme Court of Florida · 1991
  4. Williams v. StateSupreme Court of Florida · 2007
  5. Khianthalat v. StateSupreme Court of Florida · 2008

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