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PER CURIAM. AFFIRMED. See Johnson v. State, 695 So.2d 787, 788 (Fla. 1st DCA 1997) (“[Fjailure 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.
Document Info
Docket Number: No. 1D14-1507
Judges: Benton, Clark, Makar
Filed Date: 5/27/2015
Precedential Status: Precedential
Modified Date: 10/19/2024