Opinion
No. 1D10-2986.
November 17, 2010.
An appeal from the Circuit Court for Duval County. A.C. Soud, Jr., Senior Judge.
Nancy A. Daniels, Public Defender, and Archie F. Gardner, Jr., Assistant Public Defender, Tallahassee, for Appellant.
Bill McCollum, Attorney General, Anne C. Conley and Therse A. Savona, Assistant Attorneys General, Tallahassee, for Appellee.
The State correctly concedes error in P.W.'s conviction for assault as a permissive lesser-included offense to the charge of battery where the elements of this crime of assault were not alleged. N.H.M. v. State, 974 So.2d 484, 486 (Fia. 2d DCA 2008); Negron v. State, 938 So.2d 650, 651-52 (Fla. 4th DCA 2006). We, therefore, reverse P.W.'s conviction for assault and direct the trial court to enter a judgment of acquittal on the charge of battery.
HAWKES, C.J., DAVIS and THOMAS, JJ., concur.