Read the following excerpt from a US court opinion:
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lesser included offense. State v. Espinosa, 686 So.2d 1345 (Fla.1996). However, in State v. Von Deck, 607 So.2d 1388 (Fla.1992), our Supreme Court held that an instruction cannot be given on a permissive lesser included offense unless both the accusatory pleading and the evidence at trial support the commission of that lesser included offense. Here, the information filed against Donovan alleged the charge of kidnapping as follows: COUNT 1: In the County of BRE-VARD, State of Florida, on July 11, 1999, Michael Curtis Donovan, did forcibly, secretly or by threat, confine abduct or imprison another person [K.B.] ag conviction because it was error for the trial court to instruct the jury on that permissive lesser included offense. See Torrence v. State, 440 So.2d 392 (Fla. 5th DCA 1983). Donovan also argues that he was entitled to
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What is the most suitable continuation to the opinion? Your options are:
A. holding that where evidence was sufficient for attempted murder it was necessarily sufficient for aggravated assault which is a lesser included offense
B. holding that aggravated assault was not a lesser included offense in prosecution for armed burglary attempted robbery and use of a firearm in the com mission of a felony because the allegation in the information that the accused carried a firearm was insufficient to charge the elements of aggravated assault
C. holding that in a prosecution for possession of an unregistered firearm evidence of an armed robbery committed with the firearm was admissible
D. holding that the 1020life sentence was improperly imposed stating the absence of any allegation in the information that appellant discharged a firearm during the aggravated assault deprived him of notice that he was subject to a mandatory minimum of twenty years the jurys finding that he discharged a firearm during the course of the aggravated assault did not cure the defect in the information
E. holding reclassification impermissible where underlying felony of attempted thirddegree murder with a firearm was aggravated assault and aggravated assault includes the use of a deadly weapon as a necessary element
Reply with [A, B, C, D, E] only.