Legal Opinion

Clark v. State

District Court of Appeal of Florida

Decided August 25, 2010No. 1D09-5739PublishedCited by 10 opinions

1Opinion of the CourtBenton, J.

Darren Clark appeals his conviction for “strong arm” robbery, arguing that the trial court erred in failing to instruct the jury on the lesser-included offense of “robbery by sudden snatching.” Because the information charged all of the elements of “robbery by sudden snatching” and be*815cause some evidence supported each element of this immediately lesser-included offense, the failure to give the defendant the jury instruction he requested was “error that is per se reversible.” Reddick v. State, 394 So.2d 417, 418 (Fla.1981). Accordingly, we reverse and remand for a new trial.

Appellant was…

2Cases cited27 opinions

  1. Brown v. StateSupreme Court of Florida · 1968
  2. State v. AbreauSupreme Court of Florida · 1978
  3. Sanders v. StateSupreme Court of Florida · 2006
  4. Sanders v. StateSupreme Court of Florida · 2006
  5. State v. PaulSupreme Court of Florida · 2006

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3Cited by10 opinions

  1. McKIVER v. StateDistrict Court of Appeal of Florida · 2011
  2. Horn v. StateDistrict Court of Appeal of Florida · 2012
  3. Douglas v. StateDistrict Court of Appeal of Florida · 2018
  4. Lafferty v. StateDistrict Court of Appeal of Florida · 2013
  5. Atmore v. State of FloridaDistrict Court of Appeal of Florida · 2025

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