WILLIAM ROBERT LOGAN, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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Appellant's conviction for robbery was affirmed where the trial court properly denied suppression of evidence and statements obtained after arrest, and any error in refusing to instruct on lesser included offenses was harmless because the jury convicted on the charged offense.
The trial court properly denied suppression of physical evidence and a signed statement obtained after appellant's arrest, and any instructional error regarding lesser included offenses was harmless where the jury convicted on the charged robbery.
[1] Refusal to instruct jury on lesser included offenses of robbery constitutes error but is harmless where jury convicts on the charged robbery rather than the lesser offens…
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Join FLexlaw to unlock all legal intelligenceAppellant was arrested and 30 minutes later signed a written consent to search his automobile, which resulted in seizure of $7,320 from a robbery. Fiv…
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Appellant was convicted of robbery and sentenced to a term in prison. On this direct appeal he urges that the court erred (1) in denying his motion to suppress certain physical evidence and a signed statement, (2) in refusing to declare a mistrial, and (3) in refusing to instruct the jury on lesser included offenses.
Appellant says that his written consent to search of his automobile (resulting in the seizure of $7,320 taken in the robbery) executed 30 minutes after his arrest, and the written statement which he signed five hours after his arrest were both rendered involuntary because signed by appellant while he was still in a state of intoxication. The record contains competent evidence to sustain the trial court’s implied finding to the contrary. The court did not err in denying the motion for a mistrial. Anderson v. State, Fla.App.1970, 230 So.2d 704. The court instructed the jury on robbery and grand larceny but refused appellant’s request to instruct the jury on the other lesser included offenses of robbery. This was error, Brown v. State, Fla.1968, 206 So.2d 377, but we hold it to be harmless error under F.S. Section 924.-33, F.S.A. in view of the fact that the jury declined to convict appellant of grand larceny and found him guilty of robbery as charged. DeLaine v. State, Fla.1972, 262 So.2d 655. Cf. Anderson v. State, Fla.App.1971, 255 So.2d 550. Contra, Miles v. State, Fla.App.1972, 258 So.2d 333.
Affirmed.
REED, C. J., and MAGER, J., concur.
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Citator
Cited By
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Abreau v. State, 347 So. 2d 819 (Fla. 3d DCA 1977)…(Fla. 4th DCA 1976); Lomax v. State, 322 So. 2d 650 (Fla. 2d DCA 1975); Sherman v. State, 307 So. 2d 257 (Fla. 2d DCA 1975); Spigner v. State, 304 So. 2d 496 (Fla. 1st DCA 1974); Stephens v. State, 279 So. 2d 331 (Fla. 2d DCA 1973); Logan v. State, 264 So. 2d 461 (Fla. 4th DCA 1972).…
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Logan v. State, 268 So. 2d 903 (Fla. 1972)…Certiorari denied. 264 So. 2d 461. CARLTON, ADKINS, BOYD and DEKLE, JJ., concur. ERVIN, Acting C. J., and McCAIN, J., dissent.…
Authorities Cited
- Brown v. State, 206 So. 2d 377 (Fla. 1968)
- DeLAINE v. State, 262 So. 2d 655 (Fla. 1972)
- Anderson v. State, 230 So. 2d 704 (Fla. 2d DCA 1970)
- Anderson v. State, 255 So. 2d 550 (Fla. 2d DCA 1971)
- Miles v. State, 258 So. 2d 333 (Fla. 3d DCA 1972)