Worthey v. State

395 So.2d 1210 (1981)

Jonathan WORTHEY, Appellant,

v.

The STATE of Florida, Appellee.

No. 80-713.

District Court of Appeal of Florida, Third District.

March 17, 1981.

Rehearing Denied April 13, 1981.

Bennett H. Brummer, Public Defender and Elliot H. Scherker, Asst. Public Defender, for appellant.

Jim Smith, Atty. Gen. and Calvin L. Fox, Asst. Atty. Gen., for appellee.

Before HENDRY, SCHWARTZ and FERGUSON, JJ.

SCHWARTZ, Judge.

The defendant was accused of robbery and convicted of attempted robbery. Although he did not object to the omission,[1] his sole contention on appeal is that fundamental error was…