Calvin Bruce Wright v. State of Florida

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 *2 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.