District Court of Appeal of Florida March 8, 2000, No. 4D99-2631 (K.A. v. State)

PER CURIAM.

The state correctly concedes error in K.A.’s conviction for assault as a permissive lesser-included offense to the charge of battery where the elements of the crime of assault have not been alleged. See State v. Von Deck, 607 So.2d 1388 (Fla.1992); B.S.W. v. State, 668 So.2d 1075 (Fla. 2d DCA 1996). We, accordingly, reverse K.A.