Risebrough v. State

Appellant-defendant, James A. Rise-brough, was charged by an amended information with a felony, auto theft, in violation of Section 814.03(1), Florida Statutes 1973. At the conclusion of the trial, the jury returned a verdict finding the defendant guilty of the crime charged. The trial court entered judgment accordingly, and sentenced the defendant. It is from this judgment and sentence that the defendant appeals.

The defendant here contends that the trial court erred in omitting from its instructions to the jury an essential element of the crime charged. We must agree.

The trial court…