Shivers v. State

Charged with armed robbery (§ 812.-13(2)(a), Fla.Stat.) in an information that did not allege that the property taken was valued at $100 or more or otherwise met the criteria for grand theft under section 812.014(2)(b), Florida Statutes, nevertheless, the defendant was convicted of grand theft.

Grand theft is not a lesser included offense of robbery,1 and the defendant was, therefore, convicted of an offense for which he was not charged and not tried and concerning which the trial court’s jurisdiction had not been invoked.

The majority’s affirmance is in accordance with Torrence v. State, 440…