McClendon claim in Florida

2005This court has since determined in Washington v. State, 895 So.2d 1141 (Fla. 4th DCA 2005), that such “shotgun” notices are adequate to notify a defendant that his entire criminal record is at issue, and we hold that McClendon is therefore not entitled to the relief requested in his motion.

2000McClendon was charged with armed robbery and, as he asserts, "[t]he charge of resisting a merchant is a permissive lesser included offense of robbery." Epps v. State, 728 So.2d 761, 762 (Fla. 2d DCA 1999); accord Maldanado v. State, 691 So.2d 61 (Fla. 3d DCA 1997); Duval v. State, 688 So.2d 1002 (Fla. 2d DCA 1997). "[A] lesser offense may be a category-two permissive lesser included offense if its elements are alleged in the accusatory pleading and proven at the trial." Taylor v. State, 608 So.2d 804, 805 (Fla.1992).

1977Gunn Plumbing, Inc. v. Dania Bank, 252 So.2d 1 (Fla.1971); Aetna Life & Casualty Company v. Thorn, 315 So.2d 219 (Fla.3rd D.C.A. 1975).

1977Herein, Rosen's acts were an accident in that his injuring of an innocent customer was unintended and undesigned." Upon appeal, the District Court of Appeal, Third District, affirmed the final judgment and opined that an insurance company's duty to defend is greater than its duty to pay and that the petitioner, insurer, stipulated that McClendon's claim would have to be tried on a negligence theory. *535 We find that the instant decision of the District Court of Appeal, Third District, conflicts with Capoferri v. Allstate Insurance Company, supra, wherein the same District Court expressly reco

1977Therefore, since Allstate had no duty to defend in this matter, the trial court properly granted judgment for Allstate on its motion for summary judgment." The District Court of Appeal, Third District, distinguished Capoferri v. Allstate Insurance Co., 322 So.2d 625 (Fla. 3rd DCA 1975), cited sub judice, as the basis for conflict, on the basis that in the instant case, the insurer stipulated that McClendon's claim would sound in negligence while in Capoferri the claim was for intentional tort.

1977Gunn Plumbing, Inc. v. Dania Bank, 252 So.2d 1 (Fla.1971); Aetna Life & Casualty Company v. Thorn, 315 So.2d 219 (Fla.3rd D.C.A. 1975).

1974There was no evidence presented by the State to show that McClendon intended the signature of the assumed name to be taken as the genuine signature of another person; State v. Rapp, Fla.1973, 281 So.2d 193 , and therefore the lower court erred in not granting McClendon’s motion for a directed verdict.