Henderson v. State

Where the sole issue in dispute is the identification of the defendant as the perpetrator of the robbery, the failure of the trial court to instruct the jury on the intent to permanently deprive the owner of his property is not fundamental error which will be recognized in the absence of an objection. Compare Stewart v. State, 420 So.2d 862 (Fla.1982); Lewis v. State, 411 So.2d 880 (Fla. 3d DCA 1981); Leary v. State, 406 So.2d 1222 (Fla. 4th DCA 1981); Gibson v. State, 403 So.2d 1019 (Fla. 3d DCA 1981); McMurtroy v. State, 400 So.2d 547 (Fla. 3d DCA 1981); Williams v. State, 400 So.2d 542…