Strasser v. State

GLICKSTEIN, Judge.

Appellant was charged with and convicted of robbery. The trial judge refused to instruct the jury on attempted robbery but did instruct upon robbery, grand theft and petty theft. We reverse.

It is our opinion that at the time the case was tried in January of 1981, the failure to instruct on attempted robbery was reversible error. We acknowledge that our opinion directly conflicts with the decision of the Second District Court of Appeal in Burney v. State, 402 So.2d 38 (Fla. 2d DCA 1981), which refused to reverse a conviction in a similar situation. In Burney the court…