Francis Wong, Petitioner v. State of Florida, Respondent

Summary

The court quashed the district court's decision, holding that Wong preserved his request for a permissive lesser included offense instruction and was entitled to the requested instruction on unnatural and lascivious act. Preservation did not require a second objection where counsel made a specific request, stated its grounds, and the trial court clearly understood and denied it. Because the charging document and trial evidence supported the lesser offense, the failure to give the instruction was reversible error requiring a new trial. No separate opinions were provided.