Opinion
No. 75-2274.
October 11, 1977.
Appeal from the Circuit Court, Martin County, C. Pfeiffer Trowbridge, J.
Richard L. Jorandby, Public Defender, and Frank B. Kessler and Tatjana Ostapoff, Asst. Public Defenders, West Palm Beach, for appellant.
Robert L. Shevin, Atty. Gen., Tallahassee, and Harry M. Hipler, Asst. Atty. Gen., West Palm Beach, for appellee.
The conviction and sentence relating to aggravated assault are herewith affirmed.
The conviction and sentence relating to carrying a pistol without a permit is hereby reversed upon the authority of Jenkins v. State of Florida, opinion issued August 2, 1977 (4th DCA), 349 So.2d 1191, wherein the Court stated:
Jenkins was also charged with carrying a concealed weapon. He claims error by the trial court in instructing the jury that manual possession of a pistol without a license was a lesser included offense. We agree. Manual possession of a firearm without a license is not a necessarily included lesser offense of carrying a concealed weapon.
ANSTEAD and LETTS, JJ., concur.
CROSS, J., concurs only in conclusion.