CURIAM. Affirmed. See Gregory v. State, 937 So.2d 180, 183 (Fla. 4th DCA 2006) (“[T]he defendant waived this issue, because he did not request the instruction and assented to the court’s decision to list trespass and battery separately on the verdict form. We have held that this is not fundamental error.”); see also Daniel v. State, 137 So.3d 1181, 1185 (Fla. 3d DCA 2014) (<HOLDING>). DAVIS, C.J., and LaROSE and MORRIS, JJ.,
holding that failure to give lesserincluded charge of simple assault as lesserincluded offense of aggravated assault on police officer was reversible error holding that the offense of criminal trespass is a lesserincluded offense of all three types of burglary and stating generally that the elements of criminal trespass including notice could be established by proof of the same facts necessary to prove the offense of burglary holding that where jury was instructed on both a greater offense and lesserincluded offense and the jury convicted on the lesserincluded offense the double jeopardy provision prohibited retrial on the greater offense holding that failure to instruct on trespass as a lesserincluded offense three steps removed from armed burglary of a dwelling was harmless because the jury did not exercise its pardon power by finding defendant guilty of any of the lesserincluded offenses one and two steps removed holding that guilty verdict in first trial on what was submitted as second lesserincluded offense despite its not having been lesserincluded offense as matter of law precluded subsequent prosecution for what had been charged as greater offenses in first trial