Miles v. State, s. 71--590
Decision Date | 22 February 1972 |
Docket Number | 71--591,Nos. 71--590,s. 71--590 |
Citation | 258 So.2d 333 |
Parties | Charlie MILES, Appellant, v. The STATE of Florida, Appellee. Jerry Robert WILLIAMS, Appellant, v. The STATE of Florida, Appellee. |
Court | Florida District Court of Appeals |
Phillip A. Hubbart, Public Defender, and Alan S. Becker, Asst. Public Defender, Carr & Emory, for appellants.
Robert L. Shevin, Atty. Gen., and J. Robert Olian, Asst. Atty. Gen., for appellee.
Before SWANN, C.J., and PEARSON and CHARLES CARROLL, JJ.
Defendants' appeals from their convictions for the crime of robbery have been consolidated. The amount allegedly taken at gun point was $80.00. They have assigned several points for reversal and we find reversible error in the court's failure to instruct on the lesser included offenses of robbery.
Defendants properly requested that the jury be charged on the 'lesser included offenses of attempted robbery and petit larceny.' The court denied these motions. In Brown v. State, Fla.1968, 206 So.2d 377, the Supreme Court was concerned with a robbery in the amount of $68.00. In reversing and remanding for a new trial because of the failure to charge the jury on the larceny instruction requested by Brown, the late Justice Thornal said:
* * *'(Citations omitted)
The state notes that Brown was based on Florida Statutes 919.14 and 919.16, F.S.A., which were repealed as of January 1, 1971 and that Rule 1.510 CrPR, 33 F.S.A., now controls, It provides:
We think the state suggests a distinction without a difference insofar as the repeal of the statutes are concerned. Under Brown, supra, the court was required to give the requested charge on larceny and under Rule 1.510 CrPR the requested charge on an attempt should have been given.
The state suggests that the...
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Mathis v. State, s. 76-806 and 76-810
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House v. State, 76-869
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