JIM HENDERSON, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE
Explore caselaw by topic → Browse Intent To Permanently Deprive cases and more on FLexlaw
PER CURIAM.
Where the sole issue in dispute is the identification of the defendant as the perpetrator of the robbery, the failure of the trial court to instruct the jury on the intent to permanently deprive the owner of his property is not fundamental error which will be recognized in the absence of an objection. Compare Stewart v. State, 420 So. 2d 862 (Fla.1982); Lewis v. State, 411 So. 2d 880 (Fla. 3d DCA 1981); Leary v. State, 406 So. 2d 1222 (Fla. 4th DCA 1981); Gibson v. State, 403 So. 2d 1019 (Fla. 3d DCA 1981); McMurtroy v. State, 400 So. 2d 547 (Fla. 3d DCA 1981); Williams v. State, 400 So. 2d 542 (Fla. 3d DCA 1981), with Holmes v. State, 412 So. 2d 429 (Fla. 4th DCA 1982); Jackson v. State, 412 So. 2d 381 (Fla. 3d DCA 1982). See also Gains v. State, 417 So. 2d 719 (Fla. 1st DCA 1982) (even though failure to instruct on intent element in robbery case preserved by proper objection, error harmless where no genuine issue on intent). The instructions given, including a reading of the charge contained in the information, sufficiently informed the jury of the material elements of the crime. Patrick v. State, 136 Fla. 853, 187 So. 383 (1939). .
Affirmed.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Morton v. State, 459 So. 2d 322 (Fla. 3d DCA 1984)…ruct on an essential element of a crime where the existence of that essential element is not in genuine dispute. See Stewart v. State, 420 So. 2d 862 (Fla.1982), cert. denied, 460 U.S. 1103, 103 S.Ct. 1802, 76 L.Ed.2d 366 (1983); Henderson v. State, 429 So. 2d 1284 (Fla. 3d DCA 1983); Lewis v. State, 411 So. 2d 880 (Fla. 3d DCA 1981), rev. denied, 418 So. 2d 1279 (Fla.1982); Leary v. State, 406 So. 2d 1222 (Fla. 4th DCA 1981); Gibson v. State, 403 So. 2d 1019 (Fla. 3d DCA 1981), rev. denied, 436 So. 2d 32 (Fla…
Authorities Cited (11 total)
- Stewart v. State, 420 So. 2d 862 (Fla. 1982)
- Williams v. State, 400 So. 2d 542 (Fla. 3d DCA 1981)
- Gains v. State, 417 So. 2d 719 (Fla. 1st DCA 1982)
- Leary v. State, 406 So. 2d 1222 (Fla. 4th DCA 1981)
- Gibson v. State, 403 So. 2d 1019 (Fla. 3d DCA 1981)
- Walker v. State, 411 So. 2d 880 (Fla. 2d DCA 1981)
- Patrick v. State, 136 Fla. 853 (Fla. 1939)
- McMURTROY v. State, 400 So. 2d 547 (Fla. 3d DCA 1981)
- Morris v. State, 412 So. 2d 429 (Fla. 4th DCA 1982)
- In re The Est. OF Sam Liptzen. Goldie Topper v. Stewart, 412 So. 2d 381 (Fla. 3d DCA 1982)