
    P.W., a child, Appellant, v. STATE of Florida, Appellee.
    No. 1D10-2986.
    District Court of Appeal of Florida, First District.
    Nov. 17, 2010.
    Nancy A. Daniels, Public Defender, and Archie F. Gardner, Jr., Assistant Public Defender, Tallahassee, for Appellant.
    Bill McCollum, Attorney General, Anne C. Conley and Therese A. Savona, Assistant Attorneys General, Tallahassee, for Appellee.
   PER CURIAM.

The State correctly concedes error in P.W.’s conviction for assault as a permissive lesser-included offense to the charge of battery where the elements of the crime of assault were not alleged. N.H.M. v. State, 974 So.2d 484, 486 (Fla. 2d DCA 2008); Negron v. State, 938 So.2d 650, 651-52 (Fla. 4th DCA 2006). We, therefore, reverse P.W.’s conviction for assault and direct the trial court to enter a judgment of acquittal on the charge of battery.

HAWKES, C.J., DAVIS and THOMAS, JJ., concur.  