What Is the Difference Between ''Necessarily'' and ''Permissive'' Lesser Included Offenses ?
The distinction between necessarily and permissive lesser included offenses was explained by this Court in Sanders v. State, 944 So. 2d 203 (Fla. 2006):
Necessarily lesser included offenses are those offenses in which the statutory elements of the lesser included offense are always subsumed within those of the charged offense. State v. Paul, 934 So. 2d 1167, 1176 (Fla. 2006).
A permissive lesser included offense exists when "the two offenses appear to be separate on the face of the statutes, but the facts alleged in the accusatory pleadings are such that the lesser included offense cannot help but be perpetrated once the greater offense has been." State v. Weller, 590 So. 2d 923, 925 n.2 (Fla. 1991). Id. at 206.