OMAR RODRIGUEZ, APPELLANT,

v.

THE STATE OF FLORIDA, APPELLEE

Citator

Cited By

• Borges v. State, 394 So. 2d 1046 (Fla. 4th DCA 1981)
  …tate, 299 So. 2d 54 (Fla. 1st DCA 1974), was reversed by the Supreme Court in State v. Kirkland, 322 So. 2d 480 (Fla.1975); also see Jenkins v. Wainwright, 322 So. 2d 477 (Fla.1975). We are equally cognizant of our recent holding in Haynes v. State, 377 So. 2d 771 (Fla. 4th DCA 1979). However, Haynes hinged on a finding of a Brown category four, not an application of the single transaction rule. After the rendering of most of the above cited cases, Florida enacted Section 775.021(4) effective October of 1976…
• Bruns v. State, 408 So. 2d 228 (Fla. 4th DCA 1981)
  …r points on appeal, one of which requires discussion and reversal. Although the evidence presented at trial would have supported a conviction of petit larceny, appellant’s request for a jury instruction on that crime was denied. In Haynes v. State, 377 So. 2d 771 (Fla. 4th DCA 1979), we held that larceny is necessarily included in the crime of robbery and that it is legally impossible to prove robbery without proving larceny. Florida Rule of Criminal Procedure 3.510 expressly requires the trial court to cha…
• McCANTS v. State, 382 So. 2d 753 (Fla. 4th DCA 1980)
  …her, it falls within category four of Brown and may be a lesser included offense if it is alleged in the accusatory instrument and supported by the proof at trial. State v. Anderson, 270 So. 2d 353 (Fla.1973); Brown v. State, supra; Haynes v. State, 377 So. 2d 771 (Fla. 4th DCA 1979). Under category four of Brown, a defendant “. . . may be convicted of any lesser offense, which, although not an essential ingredient of the major crime, is spelled out in the accusatory pleading in [*755] that it alleges all o…