EDDIE LEE SHARP, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE
AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.
Conviction for robbery with a weapon reversed because trial court failed to instruct jury on lesser-included offense of simple assault, as required by Lomax v. State.
A trial court commits reversible error by refusing to instruct the jury on the lesser-included offense of simple assault when the defendant is charged with robbery with a firearm, even if other lesser-included offenses are charged.
[1] A trial court must instruct the jury on all lesser-included offenses supported by the evidence, including simple assault when the defendant is charged with robbery with a…
Previewing 1 of 1 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligenceSharp was charged with robbery with a firearm and convicted by jury of the lesser-included offense of robbery with a weapon, receiving a thirty-year s…
The full statement of facts, procedural history, and disposition for this case are member content.
Join FLexlaw to unlock all legal intelligence© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.
Explore caselaw by topic → Browse Simple Assault cases and more on FLexlaw
PER CURIAM.
The appellant was found guilty by a jury of robbery with a weapon, was adjudged guilty and was sentenced to thirty years in prison. This appeal is from the judgment and sentence. We hold that the conviction must be reversed and the cause remanded for a new trial under this court’s holding in Abreau v. State, 347 So. 2d 819 (Fla. 3d DCA 1977), which was, in turn, based upon Lomax v. State, 345 So. 2d 719 (Fla.1977). Although the evidence of defendant’s guilt appears to be overwhelming, reversible error under Lomax arises from the fact that defendant was tried upon a charge of robbery with a firearm and the court refused to instruct upon the lesser-included offense of simple assault. The court did charge upon the lesser-included offenses of robbery with any weapon, robbery without a weapon, attempted robbery, grand larceny, petty larceny and aggravated assault. The jury returned a verdict of guilty of the lesser-included offense of robbery with a weapon. Under the reasoning advanced by several courts prior to the Florida Supreme Court decision in the Lomax case1, this failure to instruct in simple assault would not have been reversible error. Nevertheless, as pointed out by our opinion in Abreau, supra, reversible error appears under the Florida Supreme Court decision in Lomax v. State, supra.
Reversed and remanded for a new trial.
. Dobbert v. State, 328 So. 2d 433 (Fla.1976); DeLaine v. State, 262 So. 2d 655 (Fla.1972); and Spigner v. State, 304 So. 2d 496 (Fla. 1st DCA 1974). See also Garrison v. State, 340 So. 2d 1171 (Fla. 4th DCA 1976).
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Sharp v. State, 366 So. 2d 500 (Fla. 3d DCA 1979)…PER CURIAM. WHEREAS, the judgment of this court was entered on December 27, 1977 (353 So. 2d 642) reversing the judgment and sentence of the Circuit Court of Dade County, Florida, in the above styled cause; and WHEREAS, on review of this court’s judgment by certiorari, the Supreme Court of Florida, by its opinion and judgment dated November 30…
-
State v. Sharp, 365 So. 2d 169 (Fla. 1978)…PER CURIAM. Certiorari is granted. Briefs on the merits will not be filed. The decision of the district court, Sharp v. State, 353 So. 2d 642 (Fla. 3d DCA 1977), is quashed and the cause is remanded with the direction that respondent’s conviction be reinstated. State v. Abreau, 363 So. 2d 1063 (1978). It is so ordered. ENGLAND, C. J., and BOYD, SUND-BERG, HATCHETT and ALDERMAN, JJ., con…
Authorities Cited
- Lomax v. State, 345 So. 2d 719 (Fla. 1977)
- DeLAINE v. State, 262 So. 2d 655 (Fla. 1972)
- Dobbert v. State, 328 So. 2d 433 (Fla. 1976)
- Sutton v. State, 304 So. 2d 496 (Fla. 1st DCA 1974)
- Dane Craig Garrison v. State, 340 So. 2d 1171 (Fla. 4th DCA 1976)
- Abreau v. State, 347 So. 2d 819 (Fla. 3d DCA 1977)