Jones v. State

Nolan Jones challenges his conviction and sentence for burglary. We affirm finding it unnecessary to comment at length on Jones’ claim that the trial court reversibly erred when it denied his request for a jury instruction on theft. Theft is neither a category 1 or category 2 lesser offense of burglary. Florida Standard Jury Instructions in Criminal Cases. Moreover, because the allegations contained in the charging pleading did not include the elements necessary for a conviction of theft, the denial of the request for a jury instruction regarding theft was correct. See, generally, Taylor v.…