Ards v. State

Tried on an information charging only the minimal facts alleging a robbery (§ 812.13, Fla.Stat.), Ards was convicted of the supposed lesser included offense of grand theft, a violation of section 812.-014(2)(a), Florida Statutes. The grand theft offense was apparently assumed to be, and treated as, a lesser included offense of the charged robbery offense because the schedule of lesser included offenses adopted by the Supreme Court1 shows grand theft as a Category Two lesser included offense of robbery. Note that the schedule shows only petit theft (§ 812.-014(2)(c), Fla.Stat.), to be a…