
    Sam FOGEL, Appellant, v. STATE of Florida, Appellee.
    No. 82-1008.
    District Court of Appeal of Florida, Fourth District.
    Oct. 19, 1983.
    Rehearing Denied Nov. 23, 1983.
    Richard Hersch of Law Offices of Richard Hersch, Miami, for appellant.
    Jim Smith, Atty. Gen., Tallahassee, and Sharon Lee Stedman, Asst. Atty. Gen., West Palm Beach, for appellee.
   PER CURIAM.

We affirm the appellant’s convictions. We find no error by the trial court in admitting appellant’s statements or in admitting evidence of appellant’s prior assault upon the victim. We also find no error by the trial court in refusing to instruct the jury on the penalties for lesser included offenses. Delap v. State, 440 So.2d 1242 (Fla.1983).

ANSTEAD, C.J., and BERANEK and HURLEY, JJ., concur.  