Baynham v. State

We reverse Baynham’s conviction for carjacking. It was error to deny Bayn-ham’s request for a jury instruction on robbery as a lesser-included offense of carjacking. The taking of a motor vehicle was charged in the information and the *809only evidence of a taking related to the motor vehicle.

In Fryer v. State, 732 So.2d 30, 32 (Fla. 5th DCA 1999), the court recognized that robbery is a necessarily included offense of carjacking, stating:

No case appears to have decided whether robbery or grand theft auto are necessarily or permissive lesser-included offenses of carjacking. Given the profusion of…