Spencer v. State

The state charged Xavier Spencer with principal in the first degree to robbery, a second-degree felony.1 Spencer testified at trial that he witnessed but did not participate in, aid or abet the crime. The trial court instructed the jury on robbery and the necessarily and permissive lesser-included misdemeanor offenses of petit theft and assault, respectively.2 The verdict form gave the jury the following four options: guilty of robbery as charged; guilty of the lesser-included offense of petit theft; guilty of the lesser-included offense of assault; not guilty. The court explained to the…