FRED LAMB, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
FRED LAMB, APPELLANT,
STATE OF FLORIDA, APPELLEE
679 So. 2d 59
Florida District Court of Appeal, Fourth District (1996)
Positive Treatment
Cited by 1 case
Opinion of the Court
PER CURIAM.
We reverse Appellant’s robbery conviction and remand for a new trial on grounds that the jury should have been instructed on the lesser-included offense of resisting a merchant. Pursuant to the 1992 amendment of section 812.015(6), Florida Statutes, the charge of resisting a merchant is a lesser-included offense of robbery. Because the facts adduced at trial supported this lesser charge, it was error for the trial court to deny Appellant’s request. Sanders v. State, 654 So. 2d 1279 (Fla. 2d DCA 1995).
GLICKSTEIN, STONE and GROSS, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Maldanado v. State, 691 So. 2d 61 (Fla. 3d DCA 1997)…1995). We reverse defendant’s robbery conviction, and remand for a new trial because the jury should have been instructed on the lesser-included offense of resisting a merchant. See Duval v. State, 688 So. 2d 1002 (Fla. 2d DCA 1997); Lamb v. State, 679 So. 2d 59 (Fla. 4th DCA 1996). Reversed and remanded for new trial.…
Authorities Cited
- Sanders v. State, 654 So. 2d 1279 (Fla. 2d DCA 1995)