Jackson v. State

OTT, Chief Judge.

Appellant was charged with armed robbery and found guilty of the lesser included offense of robbery. The trial court refused appellant’s request for a jury instruction on theft. We reverse.

The trial court is required to instruct the jury on lesser included offenses necessarily included in the major offense charged. Brown v. State, 206 So.2d 377 (Fla.1968). It is impossible to prove robbery without proving theft. State v. Bruns, 429 So.2d 307 (Fla.1983). Because theft is not two or more steps from the offense appellant was convicted of, failure to give the requested…