Peterson v. State

NORTHCUTT, Judge.

A jury found Charles Peterson guilty of robbing a retail store. We reverse because the trial court erroneously excluded evidence bearing on the bias or motive of a key State witness and rejected a special jury instruction applicable to Peterson’s theory of defense.

Both errors related to the use of force that is a necessary element of the crime of robbery. A larcenous taking of property constitutes a robbery if “in the course of the taking” there is a use of force, violence, assault or putting in fear. § 812.13(1), Fla. Stat. (2008). An act is “ ‘in the course of the taking’…