Timothy Anderson v. State of Florida

Summary

The Court held that a defendant is not entitled to a requested jury instruction on reckless driving as a permissive lesser-included offense when the charging instrument does not expressly allege that the defendant was driving. Because the information alleged only that Anderson committed an assault with a motor vehicle and did not allege driving, the trial court properly denied the instruction, and the Court approved the affirmance of his conviction. The Court also disapproved the contrary approach adopted by the conflicting district court decision.