THOMAS WILLIAM BRYAN, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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Florida appellate court affirmed robbery conviction despite trial court's failure to instruct jury on lesser included offense of simple assault, finding the error harmless in light of substantial evidence supporting the verdict.
A trial court's failure to instruct the jury on the lesser included offense of simple assault in a robbery prosecution constitutes harmless error when substantial evidence supports the conviction.
[1] A trial court's failure to instruct the jury on the lesser included offense of simple assault in a robbery prosecution is harmless error when substantial evidence support…
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Join FLexlaw to unlock all legal intelligenceThomas William Bryan and Jimmy Stephens were jointly charged with robbery, tried together, and convicted by jury.…
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Appellant Thomas William Bryan and a co-defendant, Jimmy Stephens, were jointly charged in an information with robbery. They were tried together, convicted by a jury, adjudged guilty and sentenced to the State penitentiary.
One of the points raised on this appeal relates to the trial court’s failure to instruct the jury on lesser included offenses to the crime of robbery. This point was also raised by Jimmy Stephens in his appeal to this court, 279 So.2d 331. We held in the Stephens case that the lower court was correct in refusing to instruct the jury on the offenses of buying, receiving, or aiding in the concealment of stolen property; aggravated assault; aggravated battery; assault and battery; and conspiracy to commit robbery. After examining the information and the evidence, we determined that an instruction should have been given as to the offense of simple assault. We held, however, that in view of the substantial evidence to support the jury’s verdict, the error in failing to give the instruction was harmless. Stephens, supra; State v. Wilson, Fla.1973, 276 So.2d 45; DeLaine v. State, Fla.1972, 262 So.2d 655; F.S., § 924.33 F.S.A. See also Henry v. State, this court’s case No. 72-797, 277 So.2d 78, opinion filed May 4, 1973.
We have carefully reviewed the other points posed by appellant and find them to be without merit.
The judgment appealed is, therefore,
Affirmed.
LILES, A. C. J., and McNULTY, J., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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D'Agostino v. State, 334 So. 2d 99 (Fla. 3d DCA 1976)…criminal case, has the burden of showing that the trial proceedings were so infected with prejudicial error as to compel a reversal of the judgment. Such error must be clearly demonstrated by the appellant. See, e. g., Bryan v. State, Fla.App.1973, 279 So. 2d 332; Stephens v. State, Fla.App. 1973, 279 So. 2d 331; Blackman v. State, Fla.App. 1973, 279 So. 2d 99; and see 2 Fla.Jur., Appeals § 358. In the instant appeal, we have carefully considered the entire record, all the numerous points raised in the brief…
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Bryan v. State, 287 So. 2d 679 (Fla. 1973)…Certiorari denied. 279 So. 2d 332. CARLTON, C. J., and ROBERTS, ERVIN, McCAIN and DEKLE, JJ., concur.…
Authorities Cited
- DeLAINE v. State, 262 So. 2d 655 (Fla. 1972)
- State v. Wilson, 276 So. 2d 45 (Fla. 1973)
- Henry v. State, 277 So. 2d 78 (Fla. 2d DCA 1973)
- Stephens v. State, 279 So. 2d 331 (Fla. 2d DCA 1973)