CHARLES W. LEWIS, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE

Fla. 4th DCA | 1972-11-30
No. 71-806
REED, C. J., MAGER, J., and WEHLE, VICTOR O., Associate Judge, concur.
269 So. 2d 692 Florida District Court of Appeal, Fourth District (1972) Positive Treatment
Cited by 12 cases
Topics
Receiving Stolen Property Lesser Included Offense Jury Instructions

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Opinion of the Court
PER CURIAM.

PER CURIAM.

Defendant appeals from his conviction for receiving stolen property assigning as error the fact that, although properly and timely requested, the trial judge failed to charge the jury on the lesser included offense of attempted receiving of stolen property.

Since Brown v. State, Fla. 1968, 206 So.2d 377, it is clear that instructions to the jury on lesser included offenses must be given even though it is the opinion of the trial judge that the proofs clearly establish the major crime charged. See also CPR 3.510, 33 F.S.A., which requires the judge to give such instruction. An attempt, under F.S. § 776.04, F.S.A., must be classified as a lesser included offense of the crime charged if the crime charged is an offense prohibited by law. See Brown v. State, supra, at 381. Since the receipt of stolen property is prohibited by F.S. § 811.16, F.S.A., it follows that an attempt to receive stolen property is likewise a punishable offense. See 76 C.J.S. Receiving Stolen Goods § 12.

*693Therefore, the trial judge erred in not giving the requested instruction. Accordingly, the judgment is reversed and the cause remanded for a new trial.

REED, C. J., MAGER, J., and WEHLE, VICTOR O., Associate Judge, concur.

Cases With Similar Vibessemantic neighbors from the corpus

Citator

Cited By

  • Lomax v. State, 345 So. 2d 719 (Fla. 1977)
    …cause the decision of the District Court, reported at 322 So. 2d 650, conflicts with State v. Terry, 336 So. 2d 65 (Fla.1976); Lightfoot v. State, 331 So. 2d 388 (Fla. 2d DCA 1976); Bracy v. State, 299 So. 2d 126 (Fla. 4th DCA 1974); Lewis v. State, 269 So. 2d 692 (Fla. 4th DCA 1972); and Miles v. State, 258 So. 2d 333 (Fla. 3d DCA 1972). According to the District Court opinion, petitioner Lomax robbed a motel clerk at gunpoint and at the time of his arrest was carrying a paper bag full of cash and a suitcas…
  • Dobbert v. State, 328 So. 2d 433 (Fla. 1976)
    …vict him of any offense which is necessarily included in the offense charged. The court shall charge the jury in this regard.” . 199 So. 2d 100 (Fla.1967). . 206 So. 2d 377 (Fla.1968). . 268 So. 2d 901 (Fla.1972). . 273 So. 2d 759 (Fla.1973). . 269 So. 2d 692 (Fla.App.1972). . 275 So. 2d 264 (Fla.App.1973), cert, den., 279 So. 2d 308. . 287 So. 2d 138 (FIa.App.1973) ; see also Clements v. State, 284 So. 2d 700 (Fla.App. 1973), cert. den., 294 So. 2d 654. . 291 So. 2d 617 (Fla.App.1974). . 297 So. 2d…
  • Dane Craig Garrison v. State, 340 So. 2d 1171 (Fla. 4th DCA 1976)
    …opinion of the trial judge, the proofs established guilt of the crime charged rather than a mere attempt to commit it. Subsequently, this court in a series of cases strictly applied the rule as announced in Brown v. State, supra. In Lewis v. State, 269 So. 2d 692 (Fla. 4th DCA 1972), we held that an attempt to receive stolen property was a lesser included offense of receiving stolen property and failure to give a requested instruction on attempt was reversible error. In Ward v. State, 287 So. 2d 138 (Fla. 4…

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