Supreme Court of Florida
State v. Johnson
May 28, 1992601 So. 2d 219
Summary
The Supreme Court of Florida held that the State may insist on jury instructions for category two permissive lesser included offenses even when the defendant knowingly and intelligently waives such instructions, and that the 1988 amendment to §775.021(4) of the Florida Statutes does not eliminate those offenses. Accordingly, the conviction for aggravated battery was affirmed.