IN THE DISTRICT COURT OF APPEAL
FIRST DISTRICT, STATE OF FLORIDA
CALVIN BRUCE WRIGHT, NOT FINAL UNTIL TIME EXPIRES TO
FILE MOTION FOR REHEARING AND
Appellant, DISPOSITION THEREOF IF FILED
v. CASE NO. 1D14-1507
STATE OF FLORIDA,
Appellee.
_____________________________/
Opinion filed May 27, 2015.
An appeal from the Circuit Court for Duval County.
Charles W. Arnold, Judge.
Nancy A. Daniels, Public Defender, and Richard Summa, Assistant Public
Defender, Tallahassee, for Appellant.
Pamela Jo Bondi, Attorney General, and Angela Hensel, Assistant Attorney
General, Tallahassee, for Appellee.
PER CURIAM.
AFFIRMED. See Johnson v. State,
695 So. 2d 787, 788 (Fla. 1st DCA
1997) (“[F]ailure to instruct on necessarily lesser-included offenses (even category
1 lesser-included offenses) in a non-capital case is not fundamental error. To
preserve such an error for appellate review, the defendant must request such an
instruction and object to the trial court’s refusal to give one.”).
BENTON, CLARK, and MAKAR, JJ., CONCUR.
2
